15 U.S.C. § 644 — Awards or contracts

Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 644. Awards or contracts (a) Small business procurements (1) In general For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive capacity of the United States; (B) war or national defense programs; or (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. (2) Industry category defined (A) In general In this subsection, the term ‘‘industry cat- egory’’ means a discrete group of similar goods and services, as determined by the Ad- ministrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North Amer- ican Industry Classification System codes if the Administrator receives evidence indi- cating that further segmentation of the in- dustry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic require- ments, except as provided in subparagraph (B); (iv) due to unique Federal buying pat- terns or requirements; or (v) to recognize a new industry. (B) Exception for geographic requirements The Administrator may not further seg- ment an industry category based on geo- graphic requirements unless— (i) the Government typically designates the geographic area where work for con- tracts for goods or services is to be per- formed; (ii) Government purchases comprise the major portion of the entire domestic mar- ket for such goods or services; and (iii) it is unreasonable to expect com- petition from business concerns located outside of the general geographic area due to the fixed location of facilities, high mo- bilization costs, or similar economic fac- tors. (3) Determinations with respect to awards or contracts Determinations made pursuant to paragraph (1) may be made for individual awards or con- tracts, any part of an award or contract or task order, or for classes of awards or con- tracts or task orders. (4) Increasing prime contracting opportunities for small business concerns (A) Description of covered proposed procure- ments The requirements of this paragraph shall apply to a proposed procurement that in- cludes in its statement of work goods or services currently being supplied or per- formed by a small business concern and, as determined by the Administrator— (i) is in a quantity or of an estimated dollar value which makes the participa- tion of a small business concern as a prime contractor unlikely; (ii) in the case of a proposed procure- ment for construction, seeks to bundle or consolidate discrete construction projects; or (iii) is a solicitation that involves an un- necessary or unjustified bundling of con- tract requirements. (B) Notice to procurement center representa- tives With respect to proposed procurements de- scribed in subparagraph (A), at least 30 days before issuing a solicitation and concurrent with other processing steps required before issuing the solicitation, the contracting agency shall provide a copy of the proposed procurement to the procurement center rep- resentative of the contracting agency (as de- scribed in subsection (l)) along with a state- ment explaining— (i) why the proposed procurement cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement; (ii) why delivery schedules cannot be es- tablished on a realistic basis that will en- courage the participation of small business Page 974 TITLE 15—COMMERCE AND TRADE § 644 concerns in a manner consistent with the actual requirements of the Government; (iii) why the proposed procurement can- not be offered to increase the likelihood of the participation of small business con- cerns; (iv) in the case of a proposed procure- ment for construction, why the proposed procurement cannot be offered as separate discrete projects; or (v) why the contracting agency has de- termined that the bundling of contract re- quirements is necessary and justified. (C) Alternatives to increase prime con- tracting opportunities for small business concerns If the procurement center representative believes that the proposed procurement will make the participation of small business concerns as prime contractors unlikely, the procurement center representative, within 15 days after receiving the statement de- scribed in subparagraph (B), shall rec- ommend to the contracting agency alter- native procurement methods for increasing prime contracting opportunities for small business concerns. (D) Failure to agree on an alternative pro- curement method If the procurement center representative and the contracting agency fail to agree on an alternative procurement method, the Ad- ministrator shall submit the matter to the head of the appropriate department or agen- cy for a determination. (5) Contracts for sale of government property With respect to a contract for the sale of Government property, small business concerns shall receive any such contract if, in the de- termination of the Administrator and the dis- posal agency, the award of such contract is in the interest of assuring that a fair proportion of the total sales of Government property be made to small business concerns. (6) Sale of electrical power or other property Nothing in this subsection shall be con- strued to change any preferences or priorities established by law with respect to the sale of electrical power or other property by the Fed- eral Government. (7) Costs exceeding fair market price A contract may not be awarded under this subsection if the cost of the contract to the awarding agency exceeds a fair market price. (b) Placement of contracts by contracting pro- curement agency With respect to any work to be performed the amount of which would exceed the maximum amount of any contract for which a surety may be guaranteed against loss under section 694b of this title, the contracting procurement agency shall, to the extent practicable, place contracts so as to allow more than one small business con- cern to perform such work. (c) Programs for blind and handicapped individ- uals (1) As used in this subsection: (A) The term ‘‘Committee’’ means the Com- mittee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41. (B) The term ‘‘public or private organization for the handicapped’’ has the same meaning given such term in section 632(e) of this title. (C) The term ‘‘handicapped individual’’ has the same meaning given such term in section 632(f) of this title. (2)(A) During fiscal year 1995, public or private organizations for the handicapped shall be eligi- ble to participate in programs authorized under this section in an aggregate amount not to ex- ceed $40,000,000. (B) None of the amounts authorized for par- ticipation by subparagraph (A) may be placed on the procurement list maintained by the Com- mittee pursuant to section 8503 of title 41. (3) The Administrator shall monitor and evaluate such participation. (4)(A) Not later than ten days after the an- nouncement of a proposed award of a contract by an agency or department to a public or pri- vate organization for the handicapped, a for- profit small business concern that has experi- enced or is likely to experience severe economic injury as the result of the proposed award may file an appeal of the proposed award with the Administrator. (B) If such a concern files an appeal of a pro- posed award under subparagraph (A) and the Ad- ministrator, after consultation with the Execu- tive Director of the Committee, finds that the concern has experienced or is likely to experi- ence severe economic injury as the result of the proposed award, not later than thirty days after the filing of the appeal, the Administration shall require each agency and department hav- ing procurement powers to take such action as may be appropriate to alleviate economic injury sustained or likely to be sustained by the con- cern. (5) Each agency and department having pro- curement powers shall report to the Office of Federal Procurement Policy each time a con- tract subject to paragraph (2)(A) is entered into, and shall include in its report the amount of the next higher bid submitted by a for-profit small business concern. The Office of Federal Procure- ment Policy shall collect data reported under the preceding sentence through the Federal pro- curement data system and shall report to the Administration which shall notify all such agen- cies and departments when the maximum amount of awards authorized under paragraph (2)(A) has been made during any fiscal year. (6) For the purpose of this subsection, a con- tract may be awarded only if at least 75 per cen- tum of the direct labor performed on each item being produced under the contract in the shel- tered workshop or performed in providing each type of service under the contract by the shel- tered workshop is performed by handicapped in- dividuals. (7) Agencies awarding one or more contracts to such an organization pursuant to the provi- sions of this subsection may use multiyear con- tracts, if appropriate. Page 975 TITLE 15—COMMERCE AND TRADE § 644 (d) Priority For purposes of this section priority shall be given to the awarding of contracts and the placement of subcontracts to small business concerns which shall perform a substantial pro- portion of the production on those contracts and subcontracts within areas of concentrated un- employment or underemployment or within labor surplus areas. Notwithstanding any other provision of law, total labor surplus area set- asides pursuant to Defense Manpower Policy Number 4 (32A C.F.R. Chapter 1) or any suc- cessor policy shall be authorized if the Sec- retary or his designee specifically determines that there is a reasonable expectation that of- fers will be obtained from a sufficient number of eligible concerns so that awards will be made at reasonable prices. As soon as practicable and to the extent possible, in determining labor surplus areas, consideration shall be given to those per- sons who would be available for employment were suitable employment available. Until such definition reflects such number, the present cri- teria of such policy shall govern. (e) Procurement strategies; contract bundling (1) In general To the maximum extent practicable, pro- curement strategies used by a Federal depart- ment or agency having contracting authority shall facilitate the maximum participation of small business concerns as prime contractors, subcontractors, and suppliers, and each such Federal department or agency shall— (A) provide opportunities for the participa- tion of small business concerns during acqui- sition planning processes and in acquisition plans; and (B) invite the participation of the appro- priate Director of Small and Disadvantaged Business Utilization in acquisition planning processes and provide that Director access to acquisition plans. (2) Market research (A) In general Before proceeding with an acquisition strategy that could lead to a contract con- taining consolidated procurement require- ments, the head of an agency shall conduct market research to determine whether con- solidation of the requirements is necessary and justified. (B) Factors For purposes of subparagraph (A), consoli- dation of the requirements may be deter- mined as being necessary and justified if, as compared to the benefits that would be de- rived from contracting to meet those re- quirements if not consolidated, the Federal Government would derive from the consoli- dation measurably substantial benefits, in- cluding any combination of benefits that, in combination, are measurably substantial. Benefits described in the preceding sentence may include the following: (i) Cost savings. (ii) Quality improvements. (iii) Reduction in acquisition cycle times. (iv) Better terms and conditions. (v) Any other benefits. (C) Reduction of costs not determinative The reduction of administrative or per- sonnel costs alone shall not be a justifica- tion for bundling of contract requirements unless the cost savings are expected to be substantial in relation to the dollar value of the procurement requirements to be consoli- dated. (3) Strategy specifications If the head of a contracting agency deter- mines that an acquisition plan for a procure- ment involves a substantial bundling of con- tract requirements, the head of a contracting agency shall publish a notice on a public website that such determination has been made not later than 7 days after making such determination. Any solicitation for a procure- ment related to the acquisition plan may not be published earlier than 7 days after such no- tice is published. Along with the publication of the solicitation, the head of a contracting agency shall publish a justification for the de- termination, which shall include the following information: (A) The specific benefits anticipated to be derived from the bundling of contract re- quirements and a determination that such benefits justify the bundling. (B) An identification of any alternative contracting approaches that would involve a lesser degree of bundling of contract require- ments. (C) An assessment of— (i) the specific impediments to participa- tion by small business concerns as prime contractors that result from the bundling of contract requirements; and (ii) the specific actions designed to maxi- mize participation of small business con- cerns as subcontractors (including sup- pliers) at various tiers under the contract or contracts that are awarded to meet the requirements. (4) Contract teaming (A) In general In the case of a solicitation of offers for a bundled or consolidated contract that is issued by the head of an agency, a small business concern that provides for use of a particular team of subcontractors or a joint venture of small business concerns may sub- mit an offer for the performance of the con- tract. (B) Evaluation of offers The head of the agency shall evaluate an offer described in subparagraph (A) in the same manner as other offers, with due con- sideration to the capabilities of all of the proposed subcontractors or members of the joint venture as follows: (i) Teams When evaluating an offer of a small busi- ness prime contractor that includes a pro- posed team of small business subcontrac- tors, the head of the agency shall consider Page 976 TITLE 15—COMMERCE AND TRADE § 644 the capabilities and past performance of each first tier subcontractor that is part of the team as the capabilities and past per- formance of the small business prime con- tractor. (ii) Joint ventures When evaluating an offer of a joint ven- ture of small business concerns, if the joint venture does not demonstrate suffi- cient capabilities or past performance to be considered for award of a contract op- portunity, the head of the agency shall consider the capabilities and past perform- ance of each member of the joint venture as the capabilities and past performance of the joint venture. (C) Status as a small business concern Participation of a small business concern in a team or a joint venture under this para- graph shall not affect the status of that con- cern as a small business concern for any other purpose. (5) Past performance ratings of joint ventures for small business concerns With respect to evaluating an offer for a prime contract made by a small business con- cern that previously participated in a joint venture with another business concern (wheth- er or not such other business concern was a small business concern), the Administrator shall establish regulations— (A) allowing the small business concern to elect to use the past performance of the joint venture if the small business concern has no relevant past performance of its own; (B) requiring the small business concern, when making an election under subpara- graph (A)— (i) to identify to the contracting officer the joint venture of which the small busi- ness concern was a member; and (ii) to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture; and (C) requiring a contracting officer, if the small business concern makes an election under subparagraph (A), to consider the past performance of the joint venture when eval- uating the past performance of the small business concern, giving due consideration to the information provided under subpara- graph (B)(ii). (f) Contracting preference for small business concerns in a major disaster area (1) Definition In this subsection, the term ‘‘disaster area’’ means the area for which the President has de- clared a major disaster, during the period of the declaration. (2) Contracting preference An agency shall provide a contracting pref- erence for a small business concern located in a disaster area if the small business concern will perform the work required under the con- tract in the disaster area. (3) Credit for meeting contracting goals If an agency awards a contract to a small business concern under the circumstances de- scribed in paragraph (2), the value of the con- tract shall be doubled for purposes of deter- mining compliance with the goals for procure- ment contracts under subsection (g)(1)(A). (g) Goals for participation of small business con- cerns in procurement contracts (1) GOVERNMENTWIDE GOALS.— (A) ESTABLISHMENT.—The President shall an- nually establish Governmentwide goals for procurement contracts awarded to small busi- ness concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in accordance with the following: (i) The Governmentwide goal for participa- tion by small business concerns shall be es- tablished at not less than 23 percent of the total value of all prime contract awards for each fiscal year. In meeting this goal, the Government shall ensure the participation of small business concerns from a wide vari- ety of industries and from a broad spectrum of small business concerns within each in- dustry. (ii) The Governmentwide goal for partici- pation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. (iii) The Governmentwide goal for partici- pation by qualified HUBZone small business concerns shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. (iv) The Governmentwide goal for partici- pation by small business concerns owned and controlled by socially and economically dis- advantaged individuals shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. (v) The Governmentwide goal for partici- pation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. (B) ACHIEVEMENT OF GOVERNMENTWIDE GOALS.—Each agency shall have an annual goal that presents, for that agency, the max- imum practicable opportunity for small busi- ness concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women to participate in the performance of contracts let by such agency. The Small Business Administration and the Administrator for Federal Procure- ment Policy shall, when exercising their au- thority pursuant to paragraph (2), insure that the cumulative annual prime contract goals Page 977 TITLE 15—COMMERCE AND TRADE § 644 1 So in original. Probably should be ‘‘business’’. for all agencies meet or exceed the annual Governmentwide prime contract goal estab- lished by the President pursuant to this para- graph. (2)(A) The head of each Federal agency shall, after consultation with the Administration, es- tablish goals for the participation by small busi- ness concerns, by small business concerns owned and controlled by service-disabled veterans, by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged indi- viduals, and by small business concerns owned and controlled by women in procurement con- tracts of such agency. Such goals shall sepa- rately address prime contract awards and sub- contract awards for each category of small busi- ness covered. (B) Goals established under this subsection shall be jointly established by the Administra- tion and the head of each Federal agency and shall realistically reflect the potential of small business concerns, small business concerns owned and controlled by service-disabled vet- erans, qualified HUBZone small business con- cerns, small business concerns owned and con- trolled by socially and economically disadvan- taged individuals, and small business concerns owned and controlled by women to perform such contracts and to perform subcontracts under such contracts. Contracts excluded from review by procurement center representatives pursuant to subsection (l)(9)(B) shall not be considered when establishing these goals. (C) Whenever the Administration and the head of any Federal agency fail to agree on estab- lished goals, the disagreement shall be sub- mitted to the Administrator for Federal Pro- curement Policy for final determination. (D) After establishing goals under this para- graph for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals at both the prime contract and the sub- contract level, which shall apportion respon- sibilities among the agency’s acquisition execu- tives and officials. In establishing goals under this paragraph, the head of each Federal agency shall make a consistent effort to annually ex- pand participation by small business concerns from each industry category in procurement contracts and subcontracts of such agency, in- cluding participation by small business concerns owned and controlled by service-disabled vet- erans, qualified HUBZone small business con- cerns, small business concerns owned and con- trolled by socially and economically disadvan- taged individuals, and small business concerns owned and controlled by women. (E) The head of each Federal agency, in at- tempting to attain expanded participation under subparagraph (D), shall consider— (i) contracts awarded as the result of unre- stricted competition; and (ii) contracts awarded after competition re- stricted to eligible small business concerns under this section and under the program es- tablished under section 637(a) of this title. (F)(i) Each procurement employee or program manager described in clause (ii) shall commu- nicate to the subordinates of the procurement employee or program manager the importance of achieving goals established under subpara- graph (A). (ii) A procurement employee or program man- ager described in this clause is a senior procure- ment executive, senior program manager, or Di- rector of Small and Disadvantaged Business Uti- lization of a Federal agency having contracting authority. (3) First tier subcontracts that are awarded by Management and Operating contractors spon- sored by the Department of Energy to small business concerns, small businesses 1 concerns owned and controlled by service disabled vet- erans, qualified HUBZone small business con- cerns, small business concerns owned and con- trolled by socially and economically disadvan- taged individuals, and small business concerns owned and controlled by women, shall be consid- ered toward the annually established agency and Government-wide goals for procurement con- tracts awarded. (h) Reporting on goals for procurement con- tracts awarded to small business concerns (1) Agency reports At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing— (A) the extent of the participation by small business concerns, small business con- cerns owned and controlled by veterans (in- cluding service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged in- dividuals, and small business concerns owned and controlled by women in the pro- curement contracts of such agency during such fiscal year; (B) whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year; (C) any justifications for a failure to achieve such goals; and (D) a remediation plan with proposed new practices to better meet such goals, includ- ing analysis of factors leading to any failure to achieve such goals. (2) Reports by Administrator Not later than 60 days after receiving a re- port from each Federal agency under para- graph (1) with respect to a fiscal year, the Ad- ministrator shall submit to the President and Congress, and to make available on a public Web site, a report that includes— (A) a copy of each report submitted to the Administrator under paragraph (1); (B) a determination of whether each goal established by the President under sub- section (g)(1) for such fiscal year was achieved; (C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved; (D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of Page 978 TITLE 15—COMMERCE AND TRADE § 644 subsection (g) for such fiscal year and a de- scription of actions planned by the applica- ble agency to address such failure, including the Administrator’s comments and rec- ommendations on the proposed remediation plan; and (E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts award- ed during such fiscal year to— (i) small business concerns— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through unrestricted competition; (V) that were purchased by another en- tity after the initial contract was award- ed and as a result of the purchase, would no longer be deemed to be small business concerns for purposes of the initial con- tract; and (VI) that were awarded using a pro- curement method that restricted com- petition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small busi- ness concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and con- trolled by women, or a subset of any such concerns; (ii) small business concerns owned and controlled by service-disabled veterans— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to small business concerns owned and controlled by service-disabled veterans; (V) through unrestricted competition; (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract; and (VII) that were awarded using a pro- curement method that restricted com- petition to qualified HUBZone small business concerns, small business con- cerns owned and controlled by socially and economically disadvantaged individ- uals, small business concerns owned and controlled by women, or a subset of any such concerns; (iii) qualified HUBZone small business concerns— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to qualified HUBZone small business concerns; (V) through unrestricted competition where a price evaluation preference was used; (VI) through unrestricted competition where a price evaluation preference was not used; (VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be quali- fied HUBZone small business concerns for purposes of the initial contract; and (VIII) that were awarded using a pro- curement method that restricted com- petition to small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by socially and economi- cally disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such con- cerns; (iv) small business concerns owned and controlled by socially and economically disadvantaged individuals— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; (V) through unrestricted competition; (VI) by reason of that concern’s certifi- cation as a small business owned and controlled by socially and economically disadvantaged individuals; (VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvan- taged individuals for purposes of the ini- tial contract; and (VIII) that were awarded using a pro- curement method that restricted com- petition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small busi- ness concerns, small business concerns owned and controlled by women, or a subset of any such concerns; (v) small business concerns owned by an Indian tribe (as such term is defined in section 637(a)(13) of this title) other than an Alaska Native Corporation— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; (V) through unrestricted competition; and (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Indian Page 979 TITLE 15—COMMERCE AND TRADE § 644 2 So in original. Probably should be ‘‘section’’. tribe other than an Alaska Native Cor- poration for purposes of the initial con- tract; (vi) small business concerns owned by a Native Hawaiian Organization— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; (V) through unrestricted competition; and (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by a Native Ha- waiian Organization for purposes of the initial contract; (vii) small business concerns owned by an Alaska Native Corporation— (I) in the aggregate; (II) through sole source contracts; (III) through competitions restricted to small business concerns; (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; (V) through unrestricted competition; and (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Alaska Native Corporation for purposes of the initial contract; and (viii) small business concerns owned and controlled by women— (I) in the aggregate; (II) through competitions restricted to small business concerns; (III) through competitions restricted using the authority under section 637(m)(2) of this title; (IV) through competitions restricted using the authority under section 637(m)(2) of this title and in which the waiver authority under section 637(m)(3) of this title was used; (V) through sole source contracts awarded using the authority under sub- section 2 637(m)(7) of this title; (VI) through sole source contracts awarded using the authority under sec- tion 637(m)(8) of this title; (VII) by industry for contracts de- scribed in subclause (III), (IV), (V), or (VI); (VIII) through unrestricted competi- tion; (IX) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial con- tract; and (X) that were awarded using a procure- ment method that restricted competi- tion to small business concerns owned and controlled by service-disabled vet- erans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economi- cally disadvantaged individuals, or a subset of any such concerns; and (F) for the Federal Government, the num- ber, dollar amount, and distribution with re- spect to the North American Industry Clas- sification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and con- trolled by socially and economically dis- advantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Account- ability and Transparency Act of 2006 (Public Law 109–282), or otherwise available as pro- vided in paragraph (3). (3) Procurement data (A) Federal Procurement Data System (i) In general To assist in the implementation of this section, the Administrator shall have ac- cess to information collected through the Federal Procurement Data System, Fed- eral Subcontracting Reporting System, or any new or successor system. (ii) GSA report On the date that the Administrator makes available the report required under paragraph (2), the Administrator of the General Services Administration shall sub- mit to the President and Congress, and shall make available on a public website, a report in the same form and manner, and including the same information, as the re- port required under paragraph (2). The re- port shall include all procurements made for the period covered by the report and may not exclude any contract awarded. (B) Agency procurement data sources To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Adminis- trator, procurement information collected through agency data collection sources in existence at the time of the request. Con- tracting agencies shall not be required to es- tablish new data collection systems to pro- vide such data. (4) Best in class small business participation reporting (A) Addendum In addition to the requirements under paragraph (2) and for each best in class des- Page 980 TITLE 15—COMMERCE AND TRADE § 644 3 See References in Text note below. ignation, the Administrator shall include in the report required by such paragraph— (i) the total amount of spending Govern- mentwide in such designation; and (ii) the number of small business con- cerns awarded contracts and the dollar amount of such contracts awarded within each such designation to each of the fol- lowing— (I) qualified HUBZone small business concerns; (II) small business concerns owned and controlled by women; (III) small business concerns owned and controlled by service-disabled vet- erans; and (IV) small business concerns owned and controlled by socially and economically disadvantaged individuals. (B) Best in class defined The term ‘‘best in class’’ has the meaning given such term by the Director of the Office of Management and Budget. (C) Effective date The Administrator shall report on the in- formation described by subparagraph (A) be- ginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems. (i) Small business set-asides Nothing in this chapter or any other provision of law precludes exclusive small business set- asides for procurements of architectural and en- gineering services, research, development, test and evaluation, and each Federal agency is au- thorized to develop such set-asides to further the interests of small business in those areas. (j) Small business reservation (1) Each contract for the purchase of goods and services that has an anticipated value greater than the micro-purchase threshold, but not greater than the simplified acquisition thresh- old shall be reserved exclusively for small busi- ness concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and are competitive with regard to the quality and delivery of the goods or serv- ices being purchased. (2) In carrying out paragraph (1), a contracting officer shall consider a responsive offer timely received from an eligible small business offeror. (3) Nothing in paragraph (1) shall be construed as precluding an award of a contract with a value not greater than $100,000 under the author- ity of subsection (a) of section 637 of this title, section 712 3 of the Business Opportunity Devel- opment Reform Act of 1988 (Public Law 100–656; 15 U.S.C. 644 note), or section 7102 of the Federal Acquisition Streamlining Act of 1994. (k) Office of Small and Disadvantaged Business Utilization; Director There is hereby established in each Federal agency having procurement powers an office to be known as the ‘‘Office of Small and Disadvan- taged Business Utilization’’. The management of each such office shall be vested in an officer or employee of such agency, with experience serv- ing in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisi- tion program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal con- tracting officer; small business technical advi- sor; contracts administrator for Federal Govern- ment contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Federal Gov- ernment contracts for a small business; or indi- vidual whose primary responsibilities were for the functions and duties of section 637, 644, 657a, 657f, or 657q of this title. Such officer or em- ployee— (1) shall be known as the ‘‘Director of Small and Disadvantaged Business Utilization’’ for such agency; (2) shall be appointed by the head of such agency to a position that is a Senior Execu- tive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement ex- ecutive (as such terms are defined under sec- tion 657q(a) of this title) are not Senior Execu- tive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay pay- able for grade GS–15 of the General Schedule under section 5332 of title 5 (including com- parability payments under section 5304 of title 5); (3) shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head of such agency or to the deputy of such head, ex- cept that the Director for the Office of the Secretary of Defense shall be responsible only to (including with respect to performance ap- praisals), and report directly and exclusively to, such Secretary or the Secretary’s designee; (4) shall be responsible for the implementa- tion and execution of the functions and duties under sections 637, 644, 657a, 657f, and 657q of this title which relate to such agency; (5) shall identify proposed solicitations that involve significant bundling of contract re- quirements, and work with the agency acquisi- tion officials and the Administration to revise the procurement strategies for such proposed solicitations where appropriate to increase the probability of participation by small busi- nesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers, if a solicitation for a bundled contract is to be issued; (6) shall assist small business concerns to obtain payments, required late payment inter- est penalties, or information regarding pay- ments due to such concerns from an executive agency or a contractor, in conformity with chapter 39 of title 31 or any other protection for contractors or subcontractors (including suppliers) that is included in the Federal Ac- quisition Regulation or any individual agency Page 981 TITLE 15—COMMERCE AND TRADE § 644 4 So in original. The comma probably should be a semicolon. 5 So in original. Probably should be followed by ‘‘and’’. supplement to such Government-wide regula- tion,4 (7) shall have supervisory authority over personnel of such agency to the extent that the functions and duties of such personnel re- late to functions and duties under sections 637, 644, 657a, 657f, and 657q of this title; (8) shall assign a small business technical adviser to each office to which the Adminis- tration has assigned a procurement center rep- resentative— (A) who shall be a full-time employee of the procuring activity and shall be well qualified, technically trained and familiar with the supplies or services purchased at the activity; and (B) whose principal duty shall be to assist the Administration procurement center rep- resentative in his duties and functions relat- ing to sections 637, 644, 657a, 657f, and 657q of this title,4 (9) shall cooperate, and consult on a regular basis, with the Administration with respect to carrying out the functions and duties de- scribed in paragraph (4) of this subsection; (10) shall make recommendations to con- tracting officers as to whether a particular contract requirement should be awarded pur- suant to subsection (a) or section 637, 644, 657a, or 657f of this title, and the failure of the con- tracting officer to accept any such rec- ommendations shall be documented and in- cluded within the appropriate contract file; (11) shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity per- formed by a Federal employee; (12) shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisi- tion strategies, market research, and justifica- tions related to section 657q of this title; (13) may provide training to small business concerns and contract specialists, except that such training may only be provided to the ex- tent that the training does not interfere with the Director carrying out other responsibil- ities under this subsection; (14) shall receive unsolicited proposals and, when appropriate, forward such proposals to personnel of the activity responsible for re- viewing such proposals; (15) shall carry out exclusively the duties enumerated in this chapter, and shall, while the Director, not hold any other title, posi- tion, or responsibility, except as necessary to carry out responsibilities under this sub- section; (16) shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing— (A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year; (B) the percentage of the budget of the Di- rector used for such training in the most re- cently completed fiscal year; (C) the percentage of the budget of the Di- rector used for travel in the most recently completed fiscal year; and (D) any failure of the agency to comply with section 637, 644, 657a, or 657f of this title; (17) shall, when notified by a small business concern prior to the award of a contract that the small business concern believes that a so- licitation, request for proposal, or request for quotation unduly restricts the ability of the small business concern to compete for the award— (A) submit the notice of the small business concern to the contracting officer and, if necessary, recommend ways in which the so- licitation, request for proposal, or request for quotation may be altered to increase the opportunity for competition; (B) inform the advocate for competition of such agency (as established under section 1705 of title 41 or section 3249 of title 10) of such notice; and (C) ensure that the small business concern is aware of other resources and processes available to address unduly restrictive pro- visions in a solicitation, request for pro- posal, or request for quotation, even if such resources and processes are provided by such agency, the Administration, the Comptroller General, or a procurement technical assist- ance program established under chapter 388 of title 10; (18) shall review summary data provided by purchase card issuers of purchases made by the agency greater than the micro-purchase threshold (as defined under section 1902 of title 41) and less than the simplified acquisition threshold to ensure that the purchases have been made in compliance with the provisions of this chapter and have been properly re- corded in the Federal Procurement Data Sys- tem, if the method of payment is a purchase card issued by the Department of Defense pur- suant to section 4754 of title 10 or by the head of an executive agency pursuant to section 1909 of title 41; (19) shall provide assistance to a small busi- ness concern awarded a contract or sub- contract under this chapter or under title 10 or title 41 in finding resources for education and training on compliance with contracting regu- lations (including the Federal Acquisition Regulation) after award of such a contract or subcontract; (20) shall review all subcontracting plans re- quired by paragraph (4) or (5) of section 637(d) of this title to ensure that the plan provides maximum practicable opportunity for small business concerns to participate in the per- formance of the contract to which the plan ap- plies; 5 (21) shall consult with the appropriate per- sonnel from the relevant Federal agency to as- sist small business concerns participating in a SBIR or STTR program under section 638 of this title with researching applicable solicita- tions for the award of a Federal contract (par- Page 982 TITLE 15—COMMERCE AND TRADE § 644 6 So in original. Probably should be ‘‘paragraphs’’. ticularly with the Federal agency that has a funding agreement, as defined under section 638 of this title, with the concern) to market the research developed by such concern under such SBIR or STTR program. This subsection shall not apply to the Admin- istration. (l) Procurement center representatives (1) ASSIGNMENT AND ROLE.—The Administrator shall assign to each major procurement center a procurement center representative with such as- sistance as may be appropriate. (2) ACTIVITIES.—A procurement center rep- resentative is authorized to— (A) attend any provisioning conference or similar evaluation session during which deter- minations are made as to whether require- ments are to be procured through other than full and open competition and make rec- ommendations with respect to such require- ments to the members of such conference or session; (B) review, at any time, barriers to small business participation in Federal contracting previously imposed on goods and services through acquisition method coding or similar procedures, and recommend to personnel of the appropriate activity the prompt reevalua- tion of such barriers; (C) review barriers to small business partici- pation in Federal contracting arising out of restrictions on the rights of the United States in technical data, and, when appropriate, rec- ommend that personnel of the appropriate ac- tivity initiate a review of the validity of such an asserted restriction; (D) review any bundled or consolidated solic- itation or contract in accordance with this chapter; (E) have access to procurement records and other data of the procurement center commen- surate with the level of such representative’s approved security clearance classification, with such data provided upon request in elec- tronic format, when available; (F) receive unsolicited proposals from small business concerns and transmit such proposals to personnel of the activity responsible for re- viewing such proposals, who shall furnish the procurement center representative with infor- mation regarding the disposition of any such proposal; (G) consult with the Director the Office of Small and Disadvantaged Business Utilization of that agency and the agency personnel de- scribed in paragraph 6 (7) and (8) of subsection (k) with regard to agency insourcing decisions covered by subsection (k)(11); (H) be an advocate for the maximum prac- ticable utilization of small business concerns in Federal contracting, including by advo- cating against the consolidation or bundling of contract requirements when not justified; (I) assist small business concerns with find- ing resources for education and training on compliance with contracting regulations (in- cluding the Federal Acquisition Regulation) after award of a contract or subcontract; (J) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in a SBIR or STTR program under section 9 with Phase III; 5 (K) carry out any other responsibility as- signed by the Administrator. (3) APPEALS.—A procurement center represent- ative is authorized to appeal the failure to act favorably on any recommendation made pursu- ant to paragraph (2). Such appeal shall be filed and processed in the same manner and subject to the same conditions and limitations as an ap- peal filed by the Administrator pursuant to sub- section (a). (4) The Administration shall assign and co-lo- cate at least two small business technical advis- ers to each major procurement center in addi- tion to such other advisers as may be authorized from time to time. The sole duties of such advis- ers shall be to assist the procurement center representative for the center to which such ad- visers are assigned in carrying out the functions described in paragraph (2) and the representa- tives referred to in subsection (k)(6). (5) POSITION REQUIREMENTS.— (A) IN GENERAL.—A procurement center rep- resentative assigned under this subsection shall— (i) be a full-time employee of the Adminis- tration; (ii) be fully qualified, technically trained, and familiar with the goods and services pro- cured by the major procurement center to which that representative is assigned; and (iii) have the certification described in subparagraph (C). (B) COMPENSATION.—The Administrator shall establish personnel positions for procurement center representatives assigned under this subsection, which are classified at a grade level of the General Schedule sufficient to at- tract and retain highly qualified personnel. (C) CERTIFICATION REQUIREMENTS.— (i) IN GENERAL.—Consistent with the re- quirements of clause (ii), a procurement cen- ter representative shall have a Level III Fed- eral Acquisition Certification in Contracting (or any successor certification) or the equiv- alent Department of Defense certification, except that any person serving in such a po- sition on or before January 3, 2013, may con- tinue to serve in that position for a period of 5 years without the required certification. (ii) DELAY OF CERTIFICATION REQUIRE- MENTS.— (I) TIMING.—The certification described in clause (i) is not required for any person serving as a procurement center represent- ative until the date that is one calendar year after the date such person is ap- pointed as a procurement center represent- ative. (II) APPLICATION.—The requirements of subclause (I) shall— (aa) be included in any initial job post- ing for the position of a procurement center representative; and (bb) apply to any person appointed as a procurement center representative after January 3, 2013. Page 983 TITLE 15—COMMERCE AND TRADE § 644 7 So in original. Probably should be ‘‘the procurement center representative’’. (6) MAJOR PROCUREMENT CENTER DEFINED.—For purposes of this subsection, the term ‘‘major procurement center’’ means a procurement cen- ter that, in the opinion of the Administrator, purchases substantial dollar amounts of goods or services, including goods or services that are commercially available. (7) TRAINING.— (A) AUTHORIZATION.—At such times as the Administrator deems appropriate, the break- out procurement center representative 7 shall conduct familiarization sessions for con- tracting officers and other appropriate per- sonnel of the procurement center to which such representative is assigned. Such sessions shall acquaint the participants with the provi- sions of this subsection and shall instruct them in methods designed to further the pur- poses of such subsection. (B) LIMITATION.—A procurement center rep- resentative may provide training under sub- paragraph (A) only to the extent that the training does not interfere with the represent- ative carrying out other activities under this subsection. (8) ANNUAL BRIEFING AND REPORT.—A procure- ment center representative shall prepare and personally deliver an annual briefing and report to the head of the procurement center to which such representative is assigned. Such briefing and report shall detail the past and planned ac- tivities of the representative and shall contain such recommendations for improvement in the operation of the center as may be appropriate. The head of such center shall personally receive such briefing and report and shall, within 60 cal- endar days after receipt, respond, in writing, to each recommendation made by such representa- tive. (9) SCOPE OF REVIEW.—The Administrator— (A) may not limit the scope of review by the procurement center representative for any so- licitation of a contract or task order without regard to whether the contract or task order or part of the contract or task order is set aside for small business concerns, whether 1 or more contracts or task order awards are re- served for small business concerns under a multiple award contract, or whether or not the solicitation would result in a bundled or consolidated contract (as defined in subsection (s)) or a bundled or consolidated task order; and (B) shall, unless the contracting agency re- quests a review, limit the scope of review by the procurement center representative for any solicitation of a contract or task order if such solicitation is awarded by or for the Depart- ment of Defense and— (i) is conducted pursuant to section 2762 of title 22; (ii) is a humanitarian operation as defined in section 401(e) of title 10; (iii) is for a contingency operation, as de- fined in section 101(a)(13) of title 10; (iv) is to be awarded pursuant to an agree- ment with the government of a foreign coun- try in which Armed Forces of the United States are deployed; or (v) both the place of award and the place of performance are outside of the United States and its territories. (m) Additional duties of procurement center rep- resentatives All procurement center representatives (in- cluding those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of pro- curements that may be used for the programs established under this section and section 637(a) of this title. (n) Determination of labor surplus areas For purposes of this section, the determina- tion of labor surplus areas shall be made on the basis of the criteria in effect at the time of the determination, except that any minimum popu- lation criteria shall not exceed twenty-five thousand. Such determination, as modified by the preceding sentence, shall be made by the Secretary of Labor. (o) Limitations on subcontracting A concern may not be awarded a contract under subsection (a) as a small business concern unless the concern agrees to satisfy the require- ments of section 657s of this title. (p) Access to data (1) Bundled or consolidated contract defined In this subsection, the term ‘‘bundled or con- solidated contract’’ has the meaning given in subsection (s). (2) Database Not later than 180 days after December 21, 2000, the Administrator of the Small Business Administration shall develop and shall there- after maintain a database containing data and information regarding— (A) each bundled contract awarded by a Federal agency; and (B) each small business concern that has been displaced as a prime contractor as a re- sult of the award of such a contract. (3) Analysis For each bundled contract that is to be re- competed as a bundled contract, the Adminis- trator shall determine— (A) the amount of savings and benefits (in accordance with subsection (e)) achieved under the bundling of contract require- ments; and (B) whether such savings and benefits will continue to be realized if the contract re- mains bundled, and whether such savings and benefits would be greater if the procure- ment requirements were divided into sepa- rate solicitations suitable for award to small business concerns. (4) Annual report on bundled or consolidated contracts (A) In general Not later than 1 year after December 21, 2000, and annually in March thereafter, the Administration shall transmit a report on bundled or consolidated contracts to the Committees on Small Business of the House of Representatives and the Senate. Page 984 TITLE 15—COMMERCE AND TRADE § 644 (B) Contents Each report transmitted under subpara- graph (A) shall include— (i) data on the number, arranged by in- dustrial classification, of small business concerns displaced as prime contractors as a result of the award of bundled or consoli- dated contracts by Federal agencies; and (ii) a description of the activities with respect to previously bundled or consoli- dated contracts of each Federal agency during the preceding year, including— (I) data on the number and total dollar amount of all contract requirements that were included in bundled or consoli- dated contracts; and (II) with respect to each bundled or consolidated contract, data or informa- tion on— (aa) the justification for the bun- dling of contract requirements or the consolidation of contract requirements (as applicable); (bb) the cost savings realized by the bundling of contract requirements or the consolidation of contract require- ments (as applicable) over the life of the contract; (cc) the extent to which maintaining contract requirements in a bundled or consolidated contract is projected to result in continued cost savings; (dd) the extent to which the bundling of contract requirements or the con- solidation of contract requirements (as applicable) complied with the con- tracting agency’s small business sub- contracting plan, including the total dollar value awarded to small business concerns as subcontractors and the total dollar value previously awarded to small business concerns as prime contractors; and (ee) the impact of the bundling of contract requirements or the consoli- dation of contract requirements (as ap- plicable) on small business concerns unable to compete as prime contrac- tors for the contract and on the indus- tries of such small business concerns, including a description of any changes to the proportion of any such industry that is composed of small business con- cerns. (5) Access to data (A) Federal procurement data system To assist in the implementation of this section, the Administration shall have ac- cess to information collected through the Federal Procurement Data System. (B) Agency procurement data sources To assist in the implementation of this section, the head of each contracting agency shall provide to the Administrator data and information described in paragraphs (2) and (4). (q) Reports related to procurement center rep- resentatives (1) Teaming and joint venture requirements (A) In general Each Federal agency shall include in each solicitation for any multiple award contract above the substantial bundling threshold of the Federal agency a provision soliciting bids from any responsible source, including responsible small business concerns and teams or joint ventures of small business concerns. (B) Teams When evaluating an offer of a small busi- ness prime contractor that includes a pro- posed team of small business subcontractors for any multiple award contract above the substantial bundling threshold of the Fed- eral agency, the head of the agency shall consider the capabilities and past perform- ance of each first tier subcontractor that is part of the team as the capabilities and past performance of the small business prime contractor. (C) Joint ventures When evaluating an offer of a joint ven- ture of small business concerns for any mul- tiple award contract above the substantial bundling threshold of the Federal agency, if the joint venture does not demonstrate suffi- cient capabilities or past performance to be considered for award of a contract oppor- tunity, the head of the agency shall consider the capabilities and past performance of each member of the joint venture as the ca- pabilities and past performance of the joint venture. (2) Policies on reduction of contract bundling (A) In general Not later than 1 year after September 27, 2010, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall amend the Federal Acquisition Regulation issued under section 1303(a) of title 41 to— (i) establish a Government-wide policy regarding contract bundling, including re- garding the solicitation of teaming and joint ventures under paragraph (1); and (ii) require that the policy established under clause (i) be published on the website of each Federal agency. (B) Rationale for contract bundling Not later than 30 days after the date on which the head of a Federal agency submits data certifications to the Administrator for Federal Procurement Policy, the head of the Federal agency shall publish on the website of the Federal agency a list and rationale for any bundled contract for which the Federal agency solicited bids or that was awarded by the Federal agency. (3) Reporting Not later than 90 days after September 27, 2010, and every 3 years thereafter, the Admin- istrator shall submit to the Committee on Page 985 TITLE 15—COMMERCE AND TRADE § 644 Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report re- garding procurement center representatives and commercial market representatives, which shall— (A) identify each area for which the Ad- ministration has assigned a procurement center representative or a commercial mar- ket representative; (B) explain why the Administration se- lected the areas identified under subpara- graph (A); and (C) describe the activities performed by procurement center representatives and commercial market representatives. (r) Multiple award contracts Not later than 1 year after September 27, 2010, the Administrator for Federal Procurement Pol- icy and the Administrator, in consultation with the Administrator of General Services, shall, by regulation, establish guidance under which Fed- eral agencies may, at their discretion— (1) set aside part or parts of a multiple award contract for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2); (2) notwithstanding the fair opportunity re- quirements under section 3406(c) of title 10 and section 4106(c) of title 41, set aside orders placed against multiple award contracts for small business concerns, including the subcat- egories of small business concerns identified in subsection (g)(2); and (3) reserve 1 or more contract awards for small business concerns under full and open multiple award procurements, including the subcategories of small business concerns iden- tified in subsection (g)(2). (s) Data quality improvement plan (1) In general Not later than October 1, 2015, the Adminis- trator of the Small Business Administration, in consultation with the Small Business Pro- curement Advisory Council, the Administrator for Federal Procurement Policy, and the Ad- ministrator of General Services, shall develop a plan to improve the quality of data reported on bundled or consolidated contracts in the Federal procurement data system (described in section 1122(a)(4)(A) of title 41). (2) Plan requirements The plan shall— (A) describe the roles and responsibilities of the Administrator of the Small Business Administration, each Director of Small and Disadvantaged Business Utilization, the Ad- ministrator for Federal Procurement Policy, the Administrator of General Services, sen- ior procurement executives, and Chief Ac- quisition Officers in— (i) improving the quality of data re- ported on bundled or consolidated con- tracts in the Federal procurement data system; and (ii) contributing to the annual report re- quired by subsection (p)(4); (B) recommend changes to policies and procedures, including training procedures of relevant personnel, to properly identify and mitigate the effects of bundled or consoli- dated contracts; (C) recommend requirements for periodic and statistically valid data verification and validation; and (D) recommend clear data verification re- sponsibilities. (3) Plan submission The Administrator of the Small Business Administration shall submit the plan to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate not later than December 1, 2016. (4) Implementation Not later than October 1, 2016, the Adminis- trator of the Small Business Administration shall implement the plan described in this sub- section. (5) Certification The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a certification of the accuracy and completeness of data reported on bundled and consolidated contracts. (6) Definitions In this subsection, the following definitions apply: (A) Chief Acquisition Officer; senior procure- ment executive The terms ‘‘Chief Acquisition Officer’’ and ‘‘senior procurement executive’’ have the meanings given such terms in section 657q(a) of this title. (B) Bundled or consolidated contract The term ‘‘bundled or consolidated con- tract’’ means a bundled contract (as defined in section 632(o) of this title) or a contract resulting from the consolidation of con- tracting requirements (as defined in section 657q(a)(2) of this title). (t) GAO report on Small Business Administration programs in Puerto Rico Not later than one year after June 30, 2016, the Comptroller General of the United States shall submit to the Committee on Small Business of the House of Representatives and the Com- mittee on Small Business and Entrepreneurship of the Senate a report on the application and utilization of contracting activities of the Ad- ministration (including contracting activities relating to HUBZone small business concerns) in Puerto Rico. The report shall also identify any provisions of Federal law that may create an ob- stacle to the efficient implementation of such contracting activities. (u) Post-award compliance resources The Administrator shall provide to small busi- ness development centers and entities partici- pating in the Procurement Technical Assistance Cooperative Agreement Program under chapter 388 of title 10 and shall make available on the website of the Administration, a list of re- Page 986 TITLE 15—COMMERCE AND TRADE § 644 sources for small business concerns seeking edu- cation and assistance on compliance with con- tracting regulations (including the Federal Ac- quisition Regulation) after award of a contract or subcontract. (v) Regulatory changes and training materials Not less than annually, the Administrator shall provide to the Defense Acquisition Univer- sity (established under section 1746 of title 10), the Federal Acquisition Institute (established under section 1201 of title 41), the individual re- sponsible for mandatory training and education of the acquisition workforce of each agency (de- scribed under section 1703(f)(1)(C) of title 41), small business development centers, and entities participating in the Procurement Technical As- sistance Cooperative Agreement Program under chapter 388 of title 10— (1) a list of all changes made in the prior year to regulations promulgated— (A) by the Administrator that affect Fed- eral acquisition; and (B) by the Federal Acquisition Council that implement amendments to this chap- ter; and (2) any materials the Administrator has de- veloped that explain, train, or assist Federal agencies or departments or small business concerns with compliance with the regulations described in paragraph (1). (w) Solicitation notice regarding administration of change orders for construction (1) In general With respect to any solicitation for the award of a contract for construction antici- pated to be awarded to a small business con- cern, the agency administering such contract shall provide a notice along with the solicita- tion to prospective bidders and offerors that includes— (A) information about the agency’s poli- cies or practices in complying with the re- quirements of the Federal Acquisition Regu- lation relating to the timely definitization of requests for an equitable adjustment; and (B) information about the agency’s past performance in definitizing requests for eq- uitable adjustments in accordance with paragraph (2). (2) Requirements for agencies An agency shall provide the past perform- ance information described under paragraph (1)(B) as follows: (A) For the 3-year period preceding the issuance of the notice, to the extent such in- formation is available. (B) With respect to an agency that, on Au- gust 13, 2018, has not compiled the informa- tion described under paragraph (1)(B)— (i) beginning 1 year after August 13, 2018, for the 1-year period preceding the issuance of the notice; (ii) beginning 2 years after August 13, 2018, for the 2-year period preceding the issuance of the notice; and (iii) beginning 3 years after August 13, 2018, and each year thereafter, for the 3- year period preceding the issuance of the notice. (3) Format of past performance information In the notice required under paragraph (1), the agency shall ensure that the past perform- ance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed dur- ing the following periods: (A) Not more than 30 days after receipt of a request for an equitable adjustment. (B) Not more than 60 days after receipt of a request for an equitable adjustment. (C) Not more than 90 days after receipt of a request for an equitable adjustment. (D) Not more than 180 days after receipt of a request for an equitable adjustment. (E) Not more than 365 days after receipt of a request for an equitable adjustment. (F) More than 365 days after receipt of a request for an equitable adjustment. (G) After the completion of the perform- ance of the contract through a contract modification addressing all undefinitized re- quests for an equitable adjustment received during the term of the contract. (x) Small business credit for Puerto Rico busi- nesses and covered territory businesses (1) Credit for meeting contracting goals If an agency awards a prime contract to Puerto Rico business or a covered territory business, or a prime contractor awards a sub- contract (at any tier) to a subcontractor that is a Puerto Rico business or a covered terri- tory business, during the period beginning on August 13, 2018, and ending on the date that is 4 years after such date, the value of the con- tract or subcontract shall be doubled for pur- poses of determining compliance with the goals for procurement contracts under sub- section (g)(1)(A) during such period. (2) Report Along with the report required under sub- section (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard (as defined in subsection (y)), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph. (y) Scorecard program for evaluating Federal agency compliance with small business con- tracting goals (1) Use of scorecard The Administrator shall use a scorecard to annually evaluate whether each Federal agen- cy is creating the maximum practicable oppor- tunities for the award of prime contracts and subcontracts to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business con- cerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, by assigning a score to each Fed- eral agency for the previous fiscal year. (2) Contents of scorecard The scorecard shall include, for each Federal agency and Governmentwide, the following in- formation: Page 987 TITLE 15—COMMERCE AND TRADE § 644 (A) A determination of whether a Federal agency or the Federal Government, as appli- cable, met each of the prime contract goals established pursuant to subsection (g)(1)(B) with respect to small business concerns, small business concerns owned and con- trolled by service-disabled veterans, quali- fied HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged in- dividuals, and small business concerns owned and controlled by women. (B) A determination of whether a Federal agency or the Federal Government, as appli- cable, met each of the subcontract goals es- tablished pursuant to such section with re- spect to small business concerns, small busi- ness concerns owned and controlled by serv- ice-disabled veterans, qualified HUBZone small business concerns, small business con- cerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and con- trolled by women. (C) The number of small business concerns, small business concerns owned and con- trolled by service-disabled veterans, quali- fied HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged in- dividuals, and small business concerns owned and controlled by women awarded prime contracts in each North American In- dustry Classification System code during the fiscal year and a comparison to the num- ber of awarded contracts during the prior fiscal year, if available. (D) The number of small business con- cerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and con- trolled by socially and economically dis- advantaged individuals, and small business concerns owned and controlled by women awarded subcontracts in each North Amer- ican Industry Classification System code during the fiscal year and a comparison to the number of awarded subcontracts during the prior fiscal year, if available. (E) Any other factors that the Adminis- trator deems important to achieve the max- imum practicable utilization of small busi- ness concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically dis- advantaged individuals, and small business concerns owned and controlled by women. (3) Weighted factors In using the scorecard to evaluate and assign a score to a Federal agency, the Administrator shall base— (A) fifty percent of the score on the dollar value of prime contracts described in para- graph (2)(A); and (B) fifty percent of the score on the infor- mation provided in subparagraphs (B) through (E) of paragraph (2), weighted in a manner determined by the Administrator to encourage the maximum practicable oppor- tunity for the award of prime contracts and subcontracts to small business concerns, small business concerns owned and con- trolled by service-disabled veterans, quali- fied HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged in- dividuals, and small business concerns owned and controlled by women. (4) Additional requirements for scorecards The scorecard shall include, for each Federal agency and Governmentwide, the following in- formation with respect to prime contracts: (A) The number (expressed as a percent- age) and total dollar amount of awards made to small business concerns owned and con- trolled by women through sole source con- tracts and competitions restricted to small business concerns owned and controlled by women under section 637(m) of this title. (B) The number (expressed as a percent- age) and total dollar amount of awards made to small business concerns owned and con- trolled by qualified HUBZone small business concerns through sole source contracts and competitions restricted to qualified HUBZone small business concerns under sec- tion 657a(c)(2) of this title. (C) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and con- trolled by service-disabled veterans through sole source contracts and competitions re- stricted to small business concerns owned and controlled by service-disabled veterans under section 657f of this title. (D) The number (expressed as a percent- age) and total dollar amount of awards made to socially and economically disadvantaged small business concerns under section 637(a) of this title through sole source contracts and competitions restricted to socially and economically disadvantaged small business concerns, disaggregated by awards made to such concerns that are owned and controlled by individuals and awards made to such con- cerns that are owned and controlled by an entity. (5) Publication The scorecard used by the Administrator under this subsection shall be submitted to the President and Congress along with the re- port submitted under subsection (h)(2). (6) Scorecard defined In this subsection, the term ‘‘scorecard’’ means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that— (A) includes the measures described in paragraph (2); and (B) assigns a score to each Federal agency evaluated. (Pub. L. 85–536, § 2[15], July 18, 1958, 72 Stat. 395; Pub. L. 95–89, title V, § 502, Aug. 4, 1977, 91 Stat. 562; Pub. L. 95–507, title II, §§ 221, 232, 233, Oct. 24, 1978, 92 Stat. 1770, 1772; Pub. L. 96–302, title I, Page 988 TITLE 15—COMMERCE AND TRADE § 644 §§ 116, 117, July 2, 1980, 94 Stat. 839; Pub. L. 98–577, title IV, § 403(a), Oct. 30, 1984, 98 Stat. 3080; Pub. L. 99–272, title XVIII, § 18003(a), Apr. 7, 1986, 100 Stat. 363; Pub. L. 99–500, § 101(c) [title X, §§ 903(d), 921(a), (b)(1), (c)(2)–(e), 922(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, 1783–147 to 1783–149, 1783–152, and Pub. L. 99–591, § 101(c) [title X, §§ 903(d), 921(a), (b)(1), (c)(2)–(e), 922(c)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132, 3341–147 to 3341–149, 3341–152; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 903(d), 921(a), (b)(1), (c)(2)–(e), 922(c), Nov. 14, 1986, 100 Stat. 3912, 3926–3928, 3932, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 10(a)(1), (b)(1), Apr. 21, 1987, 101 Stat. 288; Pub. L. 100–180, div. A, title VIII, § 809(a)–(c), Dec. 4, 1987, 101 Stat. 1130; Pub. L. 100–496, § 12, Oct. 17, 1988, 102 Stat. 2465; Pub. L. 100–590, title I, §§ 110, 133(a), Nov. 3, 1988, 102 Stat. 2994, 3005; Pub. L. 100–656, title V, §§ 502, 503, title VI, §§ 601, 603, Nov. 15, 1988, 102 Stat. 3881, 3887, 3888; Pub. L. 101–37, §§ 19, 21, June 15, 1989, 103 Stat. 74, 75; Pub. L. 101–510, div. A, title VIII, § 806(e)(3), Nov. 5, 1990, 104 Stat. 1593; Pub. L. 101–574, title II, § 208, Nov. 15, 1990, 104 Stat. 2820; Pub. L. 102–190, div. A, title VIII, § 806(d), Dec. 5, 1991, 105 Stat. 1419; Pub. L. 102–366, title II, § 232(b), Sept. 4, 1992, 106 Stat. 1002; Pub. L. 102–484, div. A, title VIII, § 801(h)(8), Oct. 23, 1992, 106 Stat. 2446; Pub. L. 102–569, title IX, § 911(b), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–355, title IV, § 4004, title VII, §§ 7101(a), 7106(a), Oct. 13, 1994, 108 Stat. 3338, 3367, 3374; Pub. L. 103–403, title III, § 305, Oct. 22, 1994, 108 Stat. 4189; Pub. L. 104–106, div. D, title XLIII, § 4321(c)(3), Feb. 10, 1996, 110 Stat. 674; Pub. L. 105–135, title IV, § 413, title VI, § 603(b), Dec. 2, 1997, 111 Stat. 2618, 2632; Pub. L. 106–50, title V, § 502, title VI, § 601, Aug. 17, 1999, 113 Stat. 247, 248; Pub. L. 106–554, § 1(a)(9) [title VIII, §§ 806(a), 810], Dec. 21, 2000, 114 Stat. 2763, 2763A–706; Pub. L. 111–240, title I, §§ 1312(a), (b), 1331, 1333, 1346, 1347(b)(2), Sept. 27, 2010, 124 Stat. 2537, 2541, 2542, 2546, 2547; Pub. L. 112–239, div. A, title XVI, §§ 1621, 1623, 1631(a), (b), 1632, 1691, 1696(a), (b)(3), Jan. 2, 2013, 126 Stat. 2067, 2069–2071, 2073, 2087, 2090, 2091; Pub. L. 113–66, div. A, title XVI, § 1613, Dec. 26, 2013, 127 Stat. 948; Pub. L. 113–76, div. D, title III, § 318, Jan. 17, 2014, 128 Stat. 178; Pub. L. 113–291, div. A, title VIII, §§ 822(a), 825(b), Dec. 19, 2014, 128 Stat. 3435, 3438; Pub. L. 114–88, div. B, title I, § 2108, Nov. 25, 2015, 129 Stat. 694; Pub. L. 114–92, div. A, title VIII, §§ 862(a), 863(a), 865(c), 867, 868(a), 870, Nov. 25, 2015, 129 Stat. 925, 926, 928, 932, 933, 938; Pub. L. 114–187, title IV, § 408, June 30, 2016, 130 Stat. 592; Pub. L. 114–328, div. A, title XVIII, §§ 1801, 1802, 1811–1813(a), (c), (d), 1814(a), 1821(b), Dec. 23, 2016, 130 Stat. 2648, 2650–2654; Pub. L. 115–91, div. A, title XVII, §§ 1702(a), (c), 1703(a), Dec. 12, 2017, 131 Stat. 1803; Pub. L. 115–232, div. A, title VIII, §§ 812(a)(2)(C)(viii), 855, 861(b), Aug. 13, 2018, 132 Stat. 1847, 1890, 1896; Pub. L. 116–92, div. A, title VIII, §§ 871, 875, 880(d), (e), Dec. 20, 2019, 133 Stat. 1525, 1528, 1532; Pub. L. 116–283, div. A, title VIII, §§ 866(a)(2), 868(a), Jan. 1, 2021, 134 Stat. 3785, 3787; Pub. L. 117–81, div. A, title XVII, § 1702(e)(5), Dec. 27, 2021, 135 Stat. 2157; Pub. L. 117–263, div. A, title VIII, §§ 871, 873, Dec. 23, 2022, 136 Stat. 2738, 2740; Pub. L. 118–31, div. A, title VIII, § 863, Dec. 22, 2023, 137 Stat. 347.) Editorial Notes REFERENCES IN TEXT The Federal Funding Accountability and Trans- parency Act of 2006, referred to in subsec. (h)(2)(F), is Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, which is set out as a note under section 6101 of Title 31, Money and Finance. Section 712 of the Business Opportunity Development Reform Act of 1988 (Public Law 100–656; 15 U.S.C. 644 note), referred to in subsec. (j)(3), was repealed by Pub. L. 111–240, title I, § 1335(a), Sept. 27, 2010, 124 Stat. 2543. Section 7102 of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (j)(3), is section 7102 of Pub. L. 103–355, which is set out below. CODIFICATION In subsec. (c)(1)(A), ‘‘section 8502 of title 41’’ sub- stituted for ‘‘the first section of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (41 U.S.C. 46)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(2)(B), ‘‘section 8503 of title 41’’ sub- stituted for ‘‘section 2 of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Prod- ucts, and for other purposes’, approved June 25, 1938 (41 U.S.C. 47)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (q)(2)(A), ‘‘section 1302(a) of title 41’’ sub- stituted for ‘‘section 25(a) of the Office of Federal Pro- curement Policy Act (41 U.S.C. 4219(a) [421(a)])’’ and ‘‘section 1303(a) of title 41’’ substituted for ‘‘section 25 of such Act’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (r)(2), ‘‘section 4106(c) of title 41’’ sub- stituted for ‘‘section 303J(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(b))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section 868(b) of Pub. L. 114–92, formerly set out as a note below, which was transferred to the end of this section, redesignated as subsec. (y), and amended by Pub. L. 117–263, § 871(a), was based on Pub. L. 114–92, div. A, title VIII, § 868(b), Nov. 25, 2015, 129 Stat. 933. Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS Prior similar provisions were contained in section 214 of act July 30, 1953, ch. 282, title II, 67 Stat. 238, as amended by act Aug. 9, 1955, ch. 628, § 9, 69 Stat. 551, which was previously classified to section 643 of this title. The provisions of section 215 of act July 30, 1953, formerly classified to this section, were transferred to section 2[10] of Pub. L. 85–536, and are classified to sec- tion 639 of this title. See Codification note set out under section 631 of this title. AMENDMENTS 2023—Subsec. (g)(1)(A)(ii). Pub. L. 118–31 substituted ‘‘5 percent’’ for ‘‘3 percent’’. 2022—Subsec. (p)(1). Pub. L. 117–263, § 873(a)(1), amend- ed par. (1) generally. Prior to amendment, text read as follows: ‘‘In this subsection, the term ‘bundled con- tract’ has the meaning given such term in section 632(o)(1) of this title.’’ Subsec. (p)(2). Pub. L. 117–263, § 873(b), struck out sub- par. (A) designation and heading ‘‘In general’’ after par. heading and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. Subsec. (p)(4). Pub. L. 117–263, § 873(a)(2)(A), sub- stituted ‘‘bundled or consolidated contracts’’ for ‘‘con- tract bundling’’ in heading. Subsec. (p)(4)(A). Pub. L. 117–263, § 873(a)(2)(B), sub- stituted ‘‘bundled or consolidated contracts’’ for ‘‘con- tract bundling’’. Page 989 TITLE 15—COMMERCE AND TRADE § 644 Subsec. (p)(4)(B)(i). Pub. L. 117–263, § 873(a)(2)(C)(i), substituted ‘‘bundled or consolidated contracts’’ for ‘‘bundled contracts’’. Subsec. (p)(4)(B)(ii). Pub. L. 117–263, § 873(a)(2)(C)(ii)(I), substituted ‘‘bundled or consolidated contracts’’ for ‘‘bundled contracts’’ in introductory provisions. Subsec. (p)(4)(B)(ii)(I). Pub. L. 117–263, § 873(a)(2)(C)(ii)(II), substituted ‘‘were included in bun- dled or consolidated contracts’’ for ‘‘were bundled’’. Subsec. (p)(4)(B)(ii)(II). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(aa), substituted ‘‘bundled or con- solidated contract’’ for ‘‘bundled contract’’ in introduc- tory provisions. Subsec. (p)(4)(B)(ii)(II)(aa). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(bb), inserted ‘‘or the consolidation of contract requirements (as applicable)’’ after ‘‘bun- dling of contract requirements’’. Subsec. (p)(4)(B)(ii)(II)(bb). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(cc), substituted ‘‘the bundling of contract requirements or the consolidation of contract requirements (as applicable)’’ for ‘‘bundling the con- tract requirements’’. Subsec. (p)(4)(B)(ii)(II)(cc). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(dd), substituted ‘‘contract require- ments in a bundled or consolidated contract’’ for ‘‘the bundled status of contract requirements’’. Subsec. (p)(4)(B)(ii)(II)(dd). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(bb), inserted ‘‘or the consolidation of contract requirements (as applicable)’’ after ‘‘bun- dling of contract requirements’’. Subsec. (p)(4)(B)(ii)(II)(ee). Pub. L. 117–263, § 873(a)(2)(C)(ii)(III)(bb), (ee), inserted ‘‘or the consolida- tion of contract requirements (as applicable)’’ after ‘‘bundling of contract requirements’’ and substituted ‘‘contractors for the contract’’ for ‘‘contractors for the consolidated requirements’’. Subsec. (p)(5)(B). Pub. L. 117–263, § 873(a)(3), sub- stituted ‘‘provide to the Administrator data and infor- mation described in paragraphs (2) and (4).’’ for ‘‘pro- vide, upon request of the Administration, procurement information collected through existing agency data collection sources.’’ Subsec. (x)(2). Pub. L. 117–263, § 871(b), substituted ‘‘scorecard (as defined in subsection (y))’’ for ‘‘score- card described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note)’’. Subsec. (y). Pub. L. 117–263, § 871(a), transferred sec- tion 868(b) of Pub. L. 114–92 to the end of this section and redesignated it as subsec. (y). See Codification note above. Subsec. (y)(1). Pub. L. 117–263, § 871(a)(4), substituted ‘‘The Administrator shall use a scorecard to annually evaluate’’ for ‘‘Beginning in fiscal year 2017, the Ad- ministrator shall establish and carry out a program to use the scorecard developed under paragraph (1) to evaluate’’. Pub. L. 117–263, § 871(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which authorized Ad- ministrator to develop methodology for calculating a score to be used to evaluate compliance of each Federal agency with meeting goals established pursuant to sub- section (g)(1)(B) and a scorecard based on such method- ology. Subsec. (y)(2). Pub. L. 117–263, § 871(a)(5)(B), struck out ‘‘developed under paragraph (1)’’ after ‘‘The score- card’’ and inserted ‘‘and Governmentwide’’ after ‘‘each Federal agency’’ in introductory provisions. Pub. L. 117–263, § 871(a)(2), redesignated par. (3) as (2). Former par. (2) redesignated (1). Subsec. (y)(2)(A). Pub. L. 117–263, § 871(a)(5)(A), (C), substituted ‘‘a Federal agency or the Federal Govern- ment, as applicable,’’ for ‘‘the Federal agency’’ and ‘‘subsection (g)(1)(B)’’ for ‘‘section 15(g)(1)(B) of the Small Business Act (15 U.S.C. 644(g)(1)(B))’’. Subsec. (y)(2)(B). Pub. L. 117–263, § 871(a)(5)(A), sub- stituted ‘‘a Federal agency or the Federal Government, as applicable,’’ for ‘‘the Federal agency’’. Subsec. (y)(3). Pub. L. 117–263, § 871(a)(2), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (y)(3)(A). Pub. L. 117–263, § 871(a)(6)(A), sub- stituted ‘‘paragraph (2)(A)’’ for ‘‘paragraph (3)(A)’’. Subsec. (y)(3)(B). Pub. L. 117–263, § 871(a)(6)(B), sub- stituted ‘‘paragraph (2)’’ for ‘‘paragraph (3)’’. Subsec. (y)(4). Pub. L. 117–263, § 871(a)(7), added par. (4). Former par. (4) redesignated (3). Subsec. (y)(5). Pub. L. 117–263, § 871(a)(8), substituted ‘‘subsection (h)(2)’’ for ‘‘section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2))’’. Subsec. (y)(6). Pub. L. 117–263, § 871(a)(9), amended par. (6) generally. Prior to amendment, par. (6) defined Ad- ministrator, Federal agency, scorecard, small business concern, small business concern owned and controlled by service-disabled veterans, qualified HUBZone small business concern, small business concern owned and controlled by women, and small business concern owned and controlled by socially and economically dis- advantaged individuals. Pub. L. 117–263, § 871(a)(1), (3), redesignated par. (8) as (6) and struck out former par. (6) which related to re- port that Administrator submitted to Committee on Small Business of the House of Representatives and Committee on Small Business and Entrepreneurship of the Senate. Subsec. (y)(7). Pub. L. 117–263, § 871(a)(1), struck out par. (7) which related to GAO report on scorecard meth- odology that Comptroller General submitted to Com- mittee on Small Business of the House of Representa- tives and Committee on Small Business and Entrepre- neurship of the Senate. Subsec. (y)(8). Pub. L. 117–263, § 871(a)(3), redesignated par. (8) as (6). 2021—Subsec. (e)(5). Pub. L. 116–283, § 868(a), added par. (5). Subsec. (k)(17)(B). Pub. L. 117–81, § 1702(e)(5)(A)(i), substituted ‘‘section 3249’’ for ‘‘section 2318’’. Subsec. (k)(17)(C). Pub. L. 117–81, § 1702(e)(5)(A)(ii), substituted ‘‘chapter 388’’ for ‘‘chapter 142’’. Subsec. (k)(18). Pub. L. 117–81, § 1702(e)(5)(A)(iii), sub- stituted ‘‘section 4754’’ for ‘‘section 2784’’. Subsec. (r)(2). Pub. L. 117–81, § 1702(e)(5)(B), sub- stituted ‘‘section 3406(c)’’ for ‘‘section 2304c(b)’’. Subsecs. (u), (v). Pub. L. 117–81, § 1702(e)(5)(C), sub- stituted ‘‘chapter 388’’ for ‘‘chapter 142’’. Subsec. (x)(3). Pub. L. 116–283, § 866(a)(2), struck out par. (3) which defined covered territory business. See section 632(ff) of this title. 2019—Subsec. (h)(4). Pub. L. 116–92, § 871, added par. (4). Subsec. (k)(21). Pub. L. 116–92, § 880(e), added par. (21). Subsec. (l)(2)(J), (K). Pub. L. 116–92, § 880(d), added subpar. (J) and redesignated former subpar. (J) as (K). Subsec. (x). Pub. L. 116–92, § 875(1), inserted ‘‘and cov- ered territory businesses’’ after ‘‘Puerto Rico busi- nesses’’ in heading. Subsec. (x)(1). Pub. L. 116–92, § 875(2), inserted ‘‘or a covered territory business, or a prime contractor awards a subcontract (at any tier) to a subcontractor that is a Puerto Rico business or a covered territory business,’’ after ‘‘Puerto Rico business’’ and ‘‘or sub- contract’’ after ‘‘the contract’’ and substituted ‘‘sub- section (g)(1)(A)’’ for ‘‘subsection (g)(1)(A)(i)’’. Subsec. (x)(3). Pub. L. 116–92, § 875(3), added par. (3). 2018—Subsec. (j)(3). Pub. L. 115–232, § 812(a)(2)(C)(viii)(I), struck out ‘‘section 2323 of title 10,’’ after ‘‘section 637 of this title,’’. Subsec. (k)(10). Pub. L. 115–232, § 812(a)(2)(C)(viii)(II), substituted ‘‘subsection (a) or’’ for ‘‘subsection (a),’’ and struck out ‘‘or section 2323 of title 10, which shall be made with due regard to the requirements of sub- section (m),’’ after ‘‘or 657f of this title,’’. Subsec. (m). Pub. L. 115–232, § 812(a)(2)(C)(viii)(III), amended subsec. (m) generally. Prior to amendment, subsec. (m) related to policies and procedures for each agency subject to former section 2323 of title 10 to fol- low when implementing requirements under that sec- tion. Subsec. (w). Pub. L. 115–232, § 855, added subsec. (w). Subsec. (x). Pub. L. 115–232, § 861(b), added subsec. (x). 2017—Subsec. (a)(1)(C). Pub. L. 115–91, § 1702(c), sub- stituted ‘‘total purchases and contracts for goods and Page 990 TITLE 15—COMMERCE AND TRADE § 644 services’’ for ‘‘total purchase and contracts for goods and services’’. Subsec. (h)(2)(E)(i)(V), (VI). Pub. L. 115–91, § 1703(a)(1), added subcls. (V) and (VI). Subsec. (h)(2)(E)(ii)(VI), (VII). Pub. L. 115–91, § 1703(a)(2), added subcls. (VI) and (VII). Subsec. (h)(2)(E)(iii)(VII), (VIII). Pub. L. 115–91, § 1703(a)(3), added subcls. (VII) and (VIII). Subsec. (h)(2)(E)(iv)(VII), (VIII). Pub. L. 115–91, § 1703(a)(4), added subcls. (VII) and (VIII). Subsec. (h)(2)(E)(v)(VI). Pub. L. 115–91, § 1703(a)(5), added subcl. (VI). Subsec. (h)(2)(E)(vi)(VI). Pub. L. 115–91, § 1703(a)(6), added subcl. (VI). Subsec. (h)(2)(E)(vii)(VI). Pub. L. 115–91, § 1703(a)(7), added subcl. (VI). Subsec. (h)(2)(E)(viii)(IX), (X). Pub. L. 115–91, § 1703(a)(8), added subcls. (IX) and (X). Subsec. (j)(1). Pub. L. 115–91, § 1702(a), substituted ‘‘greater than the micro-purchase threshold, but not greater than the simplified acquisition threshold’’ for ‘‘greater than $2,500 but not greater than $100,000’’. 2016—Subsec. (a). Pub. L. 114–328, § 1801, amended sub- sec. (a) generally. Prior to amendment, subsec. (a) re- lated to determination of awards or contracts, includ- ing notice requirement for certain large, consolidated, or bundled proposed procurements. Subsec. (g)(2)(B). Pub. L. 114–328, § 1811(b), inserted at end ‘‘Contracts excluded from review by procurement center representatives pursuant to subsection (l)(9)(B) shall not be considered when establishing these goals.’’ Subsec. (h)(3). Pub. L. 114–328, § 1802, amended par. (3) generally. Prior to amendment, par. (3) related to ac- cess to data collected through the Federal Procurement Data System and provision of collected data upon re- quest. Subsec. (k). Pub. L. 114–328, § 1812(1), (2), substituted ‘‘section 637, 644, 657a, 657f, or 657q’’ for ‘‘section 637, 644 or 657q’’ in introductory provisions and ‘‘sections 637, 644, 657a, 657f, and 657q’’ for ‘‘this section and section 637’’ wherever appearing. Subsec. (k)(10). Pub. L. 114–328, § 1812(3), substituted ‘‘section 637, 644, 657a, or 657f’’ for ‘‘section 637(a)’’. Subsec. (k)(16)(D). Pub. L. 114–328, § 1812(6), added sub- par. (D). Subsec. (k)(18). Pub. L. 114–328, § 1812(4), (5), added par. (18). Subsec. (k)(19). Pub. L. 114–328, § 1813(a), added par. (19). Subsec. (k)(20). Pub. L. 114–328, § 1821(b), added par. (20). Subsec. (l)(2)(I), (J). Pub. L. 114–328, § 1813(d), added subpar. (I) and redesignated former subpar. (I) as (J). Subsec. (l)(9). Pub. L. 114–328, § 1811(a), added par. (9). Subsec. (t). Pub. L. 114–187 added subsec. (t). Subsec. (u). Pub. L. 114–328, § 1813(c), added subsec. (u). Subsec. (v). Pub. L. 114–328, § 1814(a), added subsec. (v). 2015—Subsec. (e)(3). Pub. L. 114–92, § 863(a), amended par. (3) generally. Prior to amendment, par. (3) set forth required elements for a proposed procurement strategy for a procurement involving a substantial bun- dling of contract requirements. Subsec. (e)(4). Pub. L. 114–92, § 867(a), amended par. (4) generally. Prior to amendment, text read as follows: ‘‘In the case of a solicitation of offers for a bundled contract that is issued by the head of an agency, a small-business concern may submit an offer that pro- vides for use of a particular team of subcontractors for the performance of the contract. The head of the agen- cy shall evaluate the offer in the same manner as other offers, with due consideration to the capabilities of all of the proposed subcontractors. If a small business con- cern teams under this paragraph, it shall not affect its status as a small business concern for any other pur- pose.’’ Subsec. (f). Pub. L. 114–88 added subsec. (f). Subsec. (g)(1)(A)(i). Pub. L. 114–92, § 868(a), inserted at end ‘‘In meeting this goal, the Government shall ensure the participation of small business concerns from a wide variety of industries and from a broad spectrum of small business concerns within each industry.’’ Subsec. (k)(17). Pub. L. 114–92, § 870, added par. (17). Subsec. (l)(5)(A)(iii). Pub. L. 114–92, § 865(c)(1), amend- ed cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ‘‘have a Level III Federal Acquisition Cer- tification in Contracting (or any successor certifi- cation) or the equivalent Department of Defense cer- tification, except that any person serving in such a po- sition on January 2, 2013, may continue to serve in that position for a period of 5 years without the required certification.’’ Subsec. (l)(5)(C). Pub. L. 114–92, § 865(c)(2), added sub- par. (C). Subsec. (q)(1). Pub. L. 114–92, § 867(b), inserted ‘‘and joint venture’’ before ‘‘requirements’’ in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpars. (B) and (C). Subsec. (s)(4) to (6). Pub. L. 114–92, § 862(a), added pars. (4) and (5) and redesignated former par. (4) as (6). 2014—Subsec. (g)(3). Pub. L. 113–76 added par. (3). Subsec. (h)(2)(E)(viii)(V) to (VIII). Pub. L. 113–291, § 825(b), added subcls. (V) to (VII) and redesignated former subcl. (V) as (VIII). Subsec. (s). Pub. L. 113–291, § 822(a), added subsec. (s). 2013—Subsec. (e)(1). Pub. L. 112–239, § 1623, substituted ‘‘a Federal department or agency’’ for ‘‘the various agencies’’ and ‘‘, and each such Federal department or agency shall—’’ and subpars. (A) and (B) for period at end. Subsec. (g)(1). Pub. L. 112–239, § 1631(a), amended par. (1) generally. Prior to amendment, par. (1) related to annual Government-wide goals for participation of small business concerns in procurement contracts. Subsec. (g)(2)(A). Pub. L. 112–239, § 1631(b)(1), inserted at end ‘‘Such goals shall separately address prime con- tract awards and subcontract awards for each category of small business covered.’’ Subsec. (g)(2)(D). Pub. L. 112–239, § 1631(b)(2), sub- stituted ‘‘After establishing goals under this paragraph for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals at both the prime contract and the subcontract level, which shall apportion responsibilities among the agency’s acquisi- tion executives and officials. In establishing goals under this paragraph, the head of each Federal agency shall make a consistent effort to annually expand par- ticipation by small business concerns from each indus- try category in procurement contracts and sub- contracts of such agency, including participation by small business concerns owned and controlled by serv- ice-disabled veterans, qualified HUBZone small busi- ness concerns, small business concerns owned and con- trolled by socially and economically disadvantaged in- dividuals, and small business concerns owned and con- trolled by women.’’ for ‘‘For the purpose of establishing goals under this subsection, the head of each Federal agency shall make consistent efforts to annually ex- pand participation by small business concerns from each industry category in procurement contracts of the agency, including participation by small business con- cerns owned and controlled by service-disabled vet- erans, by qualified HUBZone small business concerns, by small business concerns owned and controlled by so- cially and economically disadvantaged individuals, and by small business concerns owned and controlled by women.’’ Subsec. (g)(2)(E), (F). Pub. L. 112–239, § 1631(b)(3), added subpars. (E) and (F) and struck out former sub- pars. (E) and (F) which read as follows: ‘‘(E) The head of each Federal agency, in attempting to attain the participation described in subparagraph (D), shall consider— ‘‘(i) contracts awarded as the result of unrestricted competition; and ‘‘(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 637(a) of this title. ‘‘(F)(i) Each procurement employee or program man- ager described in clause (ii) shall communicate to the Page 991 TITLE 15—COMMERCE AND TRADE § 644 subordinates of the procurement employee or program manager the importance of achieving small business goals. ‘‘(ii) A procurement employee or program manager described in this clause is a senior procurement execu- tive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority.’’ Subsec. (h). Pub. L. 112–239, § 1632, amended subsec. (h) generally. Prior to amendment, subsec. (h) related to annual Federal agency reports to Small Business Ad- ministration and inclusion of Administration informa- tion in President’s annual state of small business re- port to Congress. Subsec. (h)(1)(D). Pub. L. 113–66 added subpar. (D). Subsec. (k). Pub. L. 112–239, § 1691(d), substituted ‘‘, with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal ac- quisition program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal contracting offi- cer; small business technical advisor; contracts admin- istrator for Federal Government contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Fed- eral Government contracts for a small business; or in- dividual whose primary responsibilities were for the functions and duties of section 637, 644 or 657q of this title. Such officer or employee’’ for ‘‘who shall’’ in in- troductory provisions. Subsec. (k)(1). Pub. L. 112–239, § 1691(e)(1), substituted ‘‘shall be known’’ for ‘‘be known’’ and ‘‘such agency;’’ for ‘‘such agency,’’. Subsec. (k)(2). Pub. L. 112–239, § 1691(e)(2), substituted ‘‘shall be appointed by’’ for ‘‘be appointed by’’. Pub. L. 112–239, § 1691(a), substituted ‘‘such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement exec- utive (as such terms are defined under section 657q(a) of this title) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Uti- lization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of such title (including comparability payments under section 5304 of such title);’’ for ‘‘such agency,’’. Subsec. (k)(3). Pub. L. 112–239, § 1691(e)(3), substituted ‘‘Director’’ for ‘‘director’’ and ‘‘Secretary’s designee;’’ for ‘‘Secretary’s designee,’’. Pub. L. 112–239, § 1691(b), substituted ‘‘shall be respon- sible only to (including with respect to performance ap- praisals), and report directly and exclusively to, the head’’ for ‘‘be responsible only to, and report directly to, the head’’ and ‘‘be responsible only to (including with respect to performance appraisals), and report di- rectly and exclusively to, such Secretary’’ for ‘‘be re- sponsible only to, and report directly to, such Sec- retary’’. Subsec. (k)(4). Pub. L. 112–239, § 1691(e)(4), substituted ‘‘shall be responsible’’ for ‘‘be responsible’’ and ‘‘such agency;’’ for ‘‘such agency,’’. Subsec. (k)(5). Pub. L. 112–239, § 1691(e)(5), substituted ‘‘shall identify proposed’’ for ‘‘identify proposed’’. Subsec. (k)(6). Pub. L. 112–239, § 1691(e)(6), substituted ‘‘shall assist small’’ for ‘‘assist small’’. Subsec. (k)(7). Pub. L. 112–239, § 1691(e)(7), substituted ‘‘shall have supervisory’’ for ‘‘have supervisory’’ and ‘‘this title;’’ for ‘‘this title,’’. Subsec. (k)(8). Pub. L. 112–239, § 1691(e)(8)(A), sub- stituted ‘‘shall assign a’’ for ‘‘assign a’’ in introductory provisions. Subsec. (k)(8)(A). Pub. L. 112–239, § 1691(e)(8)(B), sub- stituted ‘‘the activity; and’’ for ‘‘the activity, and’’. Subsec. (k)(9). Pub. L. 112–239, § 1691(e)(9), substituted ‘‘shall cooperate, and’’ for ‘‘cooperate, and’’ and ‘‘sub- section;’’ for ‘‘subsection, and’’. Subsec. (k)(10). Pub. L. 112–239, § 1691(e)(10), sub- stituted ‘‘shall make recommendations’’ for ‘‘make rec- ommendations’’, ‘‘subsection (a), section 637(a) of this title, or section 2323 of title 10, which shall’’ for ‘‘sub- section (a) of this section, or section 637(a) of this title or section 2323 of title 10. Such recommendations shall’’, and ‘‘contract file;’’ for ‘‘contract file.’’ Subsec. (k)(11) to (16). Pub. L. 112–239, § 1691(c), added pars. (11) to (16). Subsec. (l). Pub. L. 112–239, § 1621(a), inserted heading. Subsec. (l)(1). Pub. L. 112–239, § 1621(b), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The Administration shall assign to each major procurement center a breakout procurement center representative with such assistance as may be appro- priate. The breakout procurement center representa- tive shall carry out the activities described in para- graph (2), and shall be an advocate for the breakout of items for procurement through full and open competi- tion, whenever appropriate, while maintaining the in- tegrity of the system in which such items are used, and an advocate for the use of full and open competition, whenever appropriate, for the procurement of supplies and services by such center. Any breakout procurement center representative assigned under this subsection shall be in addition to the representative referred to in subsection (k)(6) of this section.’’ Subsec. (l)(2). Pub. L. 112–239, § 1621(c)(1), inserted heading and substituted ‘‘A’’ for ‘‘In addition to car- rying out the responsibilities assigned by the Adminis- tration, a breakout’’ in introductory provisions. Subsec. (l)(2)(B). Pub. L. 112–239, § 1621(c)(2), sub- stituted ‘‘review, at any time, barriers to small busi- ness participation in Federal contracting’’ for ‘‘review, at any time, restrictions on competition’’, ‘‘goods and services’’ for ‘‘items’’ and ‘‘barriers’’ for ‘‘limitations’’. Subsec. (l)(2)(C). Pub. L. 112–239, § 1621(c)(3), sub- stituted ‘‘review barriers to small business participa- tion in Federal contracting’’ for ‘‘review restrictions on competition’’. Subsec. (l)(2)(D). Pub. L. 112–239, § 1621(c)(4), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘obtain from any governmental source, and make available to personnel of the appropriate ac- tivity, technical data necessary for the preparation of a competitive solicitation package for any item of sup- ply or service previously procured noncompetitively due to the unavailability of such technical data;’’. Subsec. (l)(2)(E). Pub. L. 112–239, § 1621(c)(5), added subpar. (E) and struck out former subpar. (E) which read as follows: ‘‘have access to procurement records and other data of the procurement center commensu- rate with the level of such representative’s approved se- curity clearance classification;’’. Subsec. (l)(2)(F) to (I). Pub. L. 112–239, § 1621(c)(6), added subpars. (F) to (I) and struck out former subpars. (F) and (G) which read as follows: ‘‘(F) receive unsolicited engineering proposals and, when appropriate (i) conduct a value analysis of such proposal to determine whether such proposal, if adopt- ed, will result in lower costs to the United States with- out substantially impeding legitimate acquisition ob- jectives and forward to personnel of the appropriate ac- tivity recommendations with respect to such proposal, or (ii) forward such proposals without analysis to per- sonnel of the activity responsible for reviewing such proposals and who shall furnish the breakout procure- ment center representative with information regarding the disposition of any such proposal; and ‘‘(G) review the systems that account for the acquisi- tion and management of technical data within the pro- curement center to assure that such systems provide the maximum availability and access to data needed for the preparation of offers to sell to the United States those supplies to which such data pertain which poten- tial offerors are entitled to receive.’’ Subsec. (l)(3). Pub. L. 112–239, § 1621(d), inserted head- ing and substituted ‘‘A procurement center representa- tive’’ for ‘‘A breakout procurement center representa- tive’’. Subsec. (l)(4). Pub. L. 112–239, § 1621(e), substituted ‘‘procurement center representative’’ for ‘‘breakout procurement center representative’’. Page 992 TITLE 15—COMMERCE AND TRADE § 644 Subsec. (l)(5). Pub. L. 112–239, § 1621(f), inserted par. heading, added subpar. (A), redesignated subpar. (C) as (B), inserted subpar. heading and substituted ‘‘The Ad- ministrator shall establish personnel positions for pro- curement center representatives assigned under’’ for ‘‘The Administration shall establish personnel posi- tions for breakout procurement representatives and ad- visers assigned pursuant to’’ in subpar. (B), and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) The breakout procurement center representa- tives and technical advisers assigned pursuant to this subsection shall be— ‘‘(i) full-time employees of the Administration; and ‘‘(ii) fully qualified, technically trained, and famil- iar with the supplies and services procured by the major procurement center to which they are as- signed. ‘‘(B) In addition to the requirements of subparagraph (A), each breakout procurement center representative, and at least one technical adviser assigned to such rep- resentative, shall be an accredited engineer.’’ Subsec. (l)(6). Pub. L. 112–239, § 1621(g), inserted head- ing and substituted in text ‘‘goods or services, includ- ing goods or services that are commercially available’’ for ‘‘other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement center rep- resentative’’. Subsec. (l)(7). Pub. L. 112–239, § 1621(h)(1), (2), (4), in- serted par. heading, inserted subpar. (A) heading, and added subpar. (B). Former par. (7)(B) redesignated (8). Subsec. (l)(8). Pub. L. 112–239, § 1621(h)(3), redesignated subpar. (7)(B) as par. (8), inserted heading, and sub- stituted ‘‘A procurement center representative’’ for ‘‘The breakout procurement center representative’’ and ‘‘60’’ for ‘‘sixty’’. Subsec. (o). Pub. L. 112–239, § 1696(b)(3), added subsec. (o) and struck out former subsec. (o) which related to requirements for performance of contracts by employ- ees of small business concerns. Subsec. (p). Pub. L. 112–239, § 1696(a)(1), substituted ‘‘Access to data’’ for ‘‘Database, analysis, and annual report with respect to bundled contracts’’ in heading. Subsec. (q). Pub. L. 112–239, § 1696(a)(2), substituted ‘‘Reports related to procurement center representa- tives’’ for ‘‘Bundling accountability measures’’ in head- ing. 2010—Subsec. (g)(1). Pub. L. 111–240, § 1347(b)(2), in- serted ‘‘and subcontract’’ before ‘‘awards for fiscal year 2003’’ in fourth sentence. Pub. L. 111–240, § 1312(b), substituted ‘‘Administrator for Federal Procurement Policy’’ for ‘‘Administrator of the Office of Federal Procurement Policy’’. Subsec. (g)(2). Pub. L. 111–240, § 1333, designated first to fifth sentences as subpars. (A) to (E), respectively, substituted ‘‘the participation described in subpara- graph (D)’’ for ‘‘such participation’’ in subpar. (E), re- designated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (E), and added subpar. (F). Pub. L. 111–240, § 1312(b), substituted ‘‘Administrator for Federal Procurement Policy’’ for ‘‘Administrator of the Office of Federal Procurement Policy’’. Subsec. (h)(2). Pub. L. 111–240, § 1346, in introductory provisions, substituted ‘‘submit to the President and the Committee on Small Business and Entrepreneur- ship of the Senate and the Committee on Small Busi- ness of the House of Representatives the compilation and analysis, which shall include the following:’’ for ‘‘submit them to the President and the Congress. The Administration’s submission to the President shall in- clude the following:’’. Subsec. (q). Pub. L. 111–240, § 1312(a), added subsec. (q). Subsec. (r). Pub. L. 111–240, § 1331, added subsec. (r). 2000—Subsec. (a). Pub. L. 106–554, § 1(a)(9) [title VIII, § 806(a)], in eighth sentence, substituted ‘‘definition of a ‘United States industry’ under the North American In- dustry Classification System, as established’’ for ‘‘four- digit standard industrial classification codes contained in the Standard Industrial Classification Manual pub- lished’’. Subsec. (p). Pub. L. 106–554, § 1(a)(9) [title VIII, § 810], added subsec. (p). 1999—Subsec. (g)(1). Pub. L. 106–50, § 502(a)(3), inserted ‘‘small business concerns owned and controlled by serv- ice-disabled veterans,’’ after ‘‘the maximum prac- ticable opportunity for small business concerns,’’ in pe- nultimate sentence. Pub. L. 106–50, § 502(a)(2), inserted after second sen- tence ‘‘The Government-wide goal for participation by small business concerns owned and controlled by serv- ice-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year.’’ Pub. L. 106–50, § 502(a)(1), inserted ‘‘small business concerns owned and controlled by service disabled vet- erans,’’ after ‘‘small business concerns,’’ the first place appearing in first sentence. Subsec. (g)(2). Pub. L. 106–50, § 502(b)(3), inserted ‘‘small business concerns owned and controlled by serv- ice-disabled veterans, by’’ after ‘‘including participa- tion by’’ in fourth sentence. Pub. L. 106–50, § 502(b)(2), inserted ‘‘small business concerns owned and controlled by service-disabled vet- erans,’’ after ‘‘small business concerns,’’ the first place appearing in second sentence. Pub. L. 106–50, § 502(b)(1), inserted ‘‘by small business concerns owned and controlled by service-disabled vet- erans,’’ after ‘‘small business concerns,’’ the first place appearing in first sentence. Subsec. (h)(1). Pub. L. 106–50, § 601(a), inserted ‘‘small business concerns owned and controlled by veterans (including service-disabled veterans),’’ after ‘‘small business concerns,’’ the first place appearing. Subsec. (h)(2). Pub. L. 106–50, § 601(b)(1), inserted ‘‘and the Congress’’ before period at end of first sentence in introductory provisions. Subsec. (h)(2)(A), (D), (E). Pub. L. 106–50, § 601(b)(2), inserted ‘‘small business concerns owned and controlled by service-disabled veterans,’’ after ‘‘small business concerns,’’ the first place appearing. 1997—Subsec. (a). Pub. L. 105–135, § 413(b), in third sen- tence, inserted ‘‘or the solicitation involves an unnec- essary or unjustified bundling of contract require- ments, as determined by the Administration,’’ after ‘‘discrete construction projects,’’, substituted ‘‘(4)’’ for ‘‘or (4)’’, and inserted before period at end ‘‘, or (5) why the agency has determined that the bundled contract (as defined in section 632(o) of this title) is necessary and justified’’. Subsec. (e). Pub. L. 105–135, § 413(a), added subsec. (e). Subsec. (g)(1). Pub. L. 105–135, § 603(b)(1), inserted ‘‘qualified HUBZone small business concerns,’’ after ‘‘small business concerns,’’ in two places, substituted ‘‘not less than 23 percent of the total value’’ for ‘‘not less than 20 percent of the total value’’, and inserted after second sentence ‘‘The Governmentwide goal for participation by qualified HUBZone small business con- cerns shall be established at not less than 1 percent of the total value of all prime contract awards for fiscal year 1999, not less than 1.5 percent of the total value of all prime contract awards for fiscal year 2000, not less than 2 percent of the total value of all prime contract awards for fiscal year 2001, not less than 2.5 percent of the total value of all prime contract awards for fiscal year 2002, and not less than 3 percent of the total value of all prime contract awards for fiscal year 2003 and each fiscal year thereafter.’’ Subsec. (g)(2). Pub. L. 105–135, § 603(b)(2)(B), (C), in- serted ‘‘qualified HUBZone small business concerns,’’ after ‘‘small business concerns,’’ in second sentence and substituted ‘‘by qualified HUBZone small business con- cerns, by small business concerns owned and controlled by socially and economically disadvantaged individ- uals, and by small business concerns owned and con- trolled by women’’ for ‘‘by small business concerns from each industry category in procurement contracts of the agency, including participation by small busi- ness concerns owned and controlled by socially and eco- nomically disadvantaged individuals and participation by small business concerns owned and controlled by women’’ before period at end of fourth sentence. Page 993 TITLE 15—COMMERCE AND TRADE § 644 Pub. L. 105–135, § 603(b)(2)(A), which directed substi- tution of ‘‘, by qualified HUBZone small business con- cerns, by small business concerns owned and controlled by socially and economically disadvantaged individ- uals’’ for ‘‘,, by small business concerns owned and con- trolled by socially and economically disadvantaged in- dividuals’’ in first sentence, was executed by making the insertion for the quoted language which started with a single comma to reflect the probable intent of Congress and the amendment by Pub. L. 104–106, § 4321(c)(3). See 1996 Amendment note below. Subsec. (h). Pub. L. 105–135, § 603(b)(3), inserted ‘‘qualified HUBZone small business concerns,’’ after ‘‘small business concerns,’’ wherever appearing. Subsec. (k)(5) to (10). Pub. L. 105–135, § 413(c)(1), (2), added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively. 1996—Subsec. (g)(2). Pub. L. 104–106 struck out second comma after ‘‘goals for the participation by small busi- ness concerns,’’. 1994—Subsec. (c)(2)(A). Pub. L. 103–403, § 305(1), amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘During each of fiscal years 1989 through 1993, public or private organizations for the handicapped shall be eligible to participate in programs authorized under this section in an aggregate amount for each year as follows: In 1989 not more than $30,000,000, in 1990 not more than $40,000,000, and in each of 1991, 1992 and 1993 not more than $50,000,000.’’ Subsec. (c)(7). Pub. L. 103–403, § 305(2), added par. (7). Subsec. (e). Pub. L. 103–355, § 7101(a), struck out sub- sec. (e) which read as follows: ‘‘In carrying out small business set-aside programs, departments, agencies, and instrumentalities of the executive branch shall award contracts, and encourage the placement of sub- contracts for procurement to the following in the man- ner and in the order stated: ‘‘(1) concerns which are small business concerns and which are located in labor surplus areas, on the basis of a total set-aside; ‘‘(2) concerns which are small business concerns, on the basis of a total set-aside; ‘‘(3) concerns which are small business concerns and which are located in a labor surplus area, on the basis of a partial set-aside; ‘‘(4) concerns which are small business concerns, on the basis of a partial set-aside.’’ Subsec. (f). Pub. L. 103–355, § 7101(a), struck out sub- sec. (f) which read as follows: ‘‘After priority is given to the small business concerns specified in subsection (e) of this section, priority shall also be given to the awarding of contracts and the placement of sub- contracts, on the basis of a total set-aside, to concerns which— ‘‘(1) are not eligible under subsection (e) of this sec- tion; ‘‘(2) are not small business concerns; and ‘‘(3) will perform a substantial proportion of the production on those contracts and subcontracts with- in areas of concentrated unemployment or under- employment or within labor surplus areas.’’ Subsec. (g)(1). Pub. L. 103–355, § 7106(a)(1), substituted ‘‘, small business concerns owned and controlled by so- cially and economically disadvantaged individuals, and small business concerns owned and controlled by women’’ for ‘‘and small business concerns owned and controlled by socially and economically disadvantaged individuals’’ in first sentence and in sentence beginning with ‘‘Notwithstanding the’’. Pub. L. 103–355, § 7106(a)(2)(A), inserted after third sentence ‘‘The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year.’’ Subsec. (g)(2). Pub. L. 103–355, § 7106(a)(2)(B), in first sentence substituted ‘‘, by small business concerns owned and controlled by socially and economically dis- advantaged individuals, and by small business concerns owned and controlled by women’’ for ‘‘and by small business concerns owned and controlled by socially and economically disadvantaged individuals,’’. Pub. L. 103–355, § 7106(a)(1), in second sentence sub- stituted ‘‘, small business concerns owned and con- trolled by socially and economically disadvantaged in- dividuals, and small business concerns owned and con- trolled by women’’ for ‘‘and small business concerns owned and controlled by socially and economically dis- advantaged individuals’’. Pub. L. 103–355, § 7106(a)(2)(C), in fourth sentence in- serted at end ‘‘and participation by small business con- cerns owned and controlled by women’’. Subsec. (h)(1), (2)(A), (D), (E). Pub. L. 103–355, § 7106(a)(1), substituted ‘‘, small business concerns owned and controlled by socially and economically dis- advantaged individuals, and small business concerns owned and controlled by women’’ for ‘‘and small busi- ness concerns owned and controlled by socially and eco- nomically disadvantaged individuals’’. Subsec. (h)(2)(F). Pub. L. 103–355, § 7106(a)(3), sub- stituted ‘‘small business concerns owned and controlled by women’’ for ‘‘women-owned small business enter- prises’’. Subsec. (j). Pub. L. 103–355, § 4004, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as fol- lows: ‘‘Each contract for the procurement of goods and services which has an anticipated value not in excess of the small purchase threshold and which is subject to small purchase procedures shall be reserved exclusively for small business concerns unless the contracting offi- cer is unable to obtain offers from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods or services being purchased. In utilizing small purchase procedures, contracting officers shall, wherever cir- cumstances permit, choose a method of payment which minimizes paperwork and facilitates prompt payment to contractors.’’ 1992—Subsec. (c)(1)(A). Pub. L. 102–569 substituted ‘‘From People Who Are Blind or Severely Disabled’’ for ‘‘from the Blind and Other Severely Handicapped’’. Subsec. (c)(2)(B). Pub. L. 102–366, § 232(b)(1), which di- rected the substitution of ‘‘Blind-made’’ for ‘‘Blindmade’’, could not be executed to text because ‘‘Blindmade’’ did not appear in subpar. (B). Subsec. (k)(3), (5). Pub. L. 102–366, § 232(b)(2), sub- stituted comma for semicolon at end of pars. (3) and (5). Subsec. (k)(9). Pub. L. 102–484, § 801(h)(8)(A), sub- stituted ‘‘section 2323 of title 10’’ for ‘‘section 1207 of Public Law 99–661’’. Subsec. (l)(6). Pub. L. 102–366, § 232(b)(3), inserted pe- riod at end. Subsec. (m)(1). Pub. L. 102–484, § 801(h)(8)(B), sub- stituted ‘‘section 2323 of title 10’’ for ‘‘section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)’’. Subsec. (m)(2)(B). Pub. L. 102–366, § 232(b)(4), sub- stituted ‘‘requirements’’ for ‘‘requirement’’. Subsec. (m)(2)(C). Pub. L. 102–484, § 801(h)(8)(C), sub- stituted ‘‘section 2323 of title 10’’ for ‘‘section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)’’. 1991—Subsec. (k)(5). Pub. L. 102–190 amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘assist small business concerns to obtain payments, late payment interest penalties, or information due to such concerns, in conformity with chapter 39 of title 31;’’. 1990—Subsec. (a). Pub. L. 101–574 inserted after second sentence ‘‘If a proposed procurement includes in its statement of work goods or services currently being performed by a small business, and if the proposed pro- curement is in a quantity or estimated dollar value the magnitude of which renders small business prime con- tract participation unlikely, or if a proposed procure- ment for construction seeks to package or consolidate discrete construction projects, the Procurement Activ- ity shall provide a copy of the proposed procurement to the Procurement Activity’s Small Business Procure- ment Center Representative at least 30 days prior to Page 994 TITLE 15—COMMERCE AND TRADE § 644 the solicitation’s issuance along with a statement ex- plaining (1) why the proposed acquisition cannot be di- vided into reasonably small lots (not less than eco- nomic production runs) to permit offers on quantities less than the total requirement, (2) why delivery sched- ules cannot be established on a realistic basis that will encourage small business participation to the extent consistent with the actual requirements of the Govern- ment, (3) why the proposed acquisition cannot be of- fered so as to make small business participation likely, or (4) why construction cannot be procured as separate discrete projects. The thirty-day notification process shall occur concurrently with other processing steps re- quired prior to issuance of the solicitation. Within 15 days after receipt of the proposed procurement and ac- companying statement, if the Procurement Center Rep- resentative believes that the procurement as proposed will render small business prime contract participation unlikely, the Representative shall recommend to the Procurement Activity alternative procurement meth- ods which would increase small business prime con- tracting opportunities.’’ Subsec. (j). Pub. L. 101–510 substituted ‘‘not in excess of the small purchase threshold’’ for ‘‘of less than $25,000’’. 1989—Subsec. (h)(2)(A). Pub. L. 101–37, § 19, inserted ‘‘individuals’’ after ‘‘economically disadvantaged’’. Subsec. (m)(1)(A). Pub. L. 101–37, § 21, substituted ‘‘procedures’’ for ‘‘procedure’’. 1988—Subsec. (c). Pub. L. 100–590, § 133(a), amended subsec. (c) generally, substituting provisions relating to programs for blind and handicapped individuals for provisions relating to eligibility, participating organi- zations, monitoring and evaluation, and report to Con- gressional committees. Subsec. (g). Pub. L. 100–656, § 502, added par. (1) and designated existing provisions as par. (2) and former pars. (1) and (2) as subpars. (A) and (B). Subsec. (h). Pub. L. 100–656, § 503, designated existing provisions as par. (1), struck out at end ‘‘The Adminis- tration shall submit to the Select Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments.’’, and added pars. (2) and (3). Subsec. (k)(3). Pub. L. 100–656, § 603(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘be responsible only to, and report directly to, the head of such agency or to his deputy, except that in the case of the Department of Defense the Director of the Office of Small and Disadvantaged Business Uti- lization shall be responsible to, and report directly to, the Under Secretary of Defense for Acquisition,’’. Subsec. (k)(5) to (8). Pub. L. 100–496 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respec- tively. Subsec. (k)(9). Pub. L. 100–656, § 603(2)–(4), added par. (9). Subsec. (l)(2)(D). Pub. L. 100–590, § 110(1), struck out ‘‘unrestricted’’ before ‘‘technical data’’ in two places. Subsec. (l)(2)(E). Pub. L. 100–590, § 110(2), amended sub- par. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘have access to the unclassified pro- curement records and other data of the procurement center;’’. Subsec. (l)(3). Pub. L. 100–590, § 110(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘A breakout procurement center representative is au- thorized to appeal a failure to act favorably on any rec- ommendation made pursuant to paragraph (2). Such ap- peal shall be in writing, specifically reciting both the circumstances of the appeal and the basis of the rec- ommendation. The appeal shall be decided by a person within the employ of the appropriate activity who is at least one supervisory level above the person who ini- tially failed to act favorably on the recommendation. Such appeal shall be decided within 30 calendar days of its receipt.’’ Subsec. (l)(6). Pub. L. 100–590, § 110(4), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘For purposes of this subsection, the term ‘major pro- curement center’ means a procurement center of the Department of Defense that awarded contracts for items other than commercial items totaling at least $150,000,000 in the preceding fiscal year, and such other procurement centers as designated by the Adminis- trator.’’ Subsec. (l)(7). Pub. L. 100–590, § 110(5), added par. (7). Subsec. (m). Pub. L. 100–656, § 601, amended subsec. (m) generally, substituting provisions related to imple- mentation of section 1207 of Pub. L. 99–661 for former provisions related to labor surplus area procurement and manpower programs. 1987—Subsec. (a). Pub. L. 100–26, § 10(a)(1), made tech- nical amendment to directory language of section 921(a)(1) of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below. Subsec. (g). Pub. L. 100–180, § 809(a)(2), struck out ‘‘having a value of $25,000 or more’’ after ‘‘procurement contracts of such agency’’. Pub. L. 100–180, § 809(a)(1), provided for temporarily inserting ‘‘having a value of $25,000 or more’’ after ‘‘procurement contracts of such agency’’. See Effective Date of 1987 Amendments note below. Subsec. (o)(1). Pub. L. 100–180, § 809(b)(1), substituted ‘‘subsection (a)’’ for ‘‘this subsection’’ in introductory provisions. Subsec. (o)(1)(A). Pub. L. 100–26, § 10(b)(1)(A), sub- stituted ‘‘at least 50 percent of the cost of contract per- formance incurred for personnel shall be expended for employees of the concern’’ for ‘‘the concern will per- form at least 50 percent of the cost of the contract with its own employees’’. Subsec. (o)(3). Pub. L. 100–26, § 10(b)(1)(B), substituted ‘‘requirements of such paragraph’’ for ‘‘requirements of such subparagraph’’ and inserted at end ‘‘The percent- age applicable to any such requirement shall be deter- mined in accordance with paragraph (2).’’ Subsec. (p). Pub. L. 100–180, § 809(c), struck out subsec. (p) which read as follows: ‘‘(1) Except as provided in paragraphs (2) and (3), the head of any Federal agency shall, within five days of the agency’s decision to set aside a procurement for small business concerns under this section, provide the names and addresses of the small business concerns ex- pected to respond to the procurement to any person who requests such information. ‘‘(2) The Secretary of Defense may decline to provide information under paragraph (1) in order to protect na- tional security interests. ‘‘(3) The head of a Federal agency is not required to release any information under paragraph (1) that is not required to be released under section 552 of title 5.’’ 1986—Subsec. (a). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(a), (b)], Pub. L. 99–661, § 921(a), (b), as amended by Pub. L. 100–26, § 10(a)(1), amended subsec. (a) identically, inserting ‘‘in each industry category’’ in cl. (3), and inserting provision identifying an indus- try category, providing for determination of such cat- egory by the Administrator, and permitting segmenta- tion of a market for goods and services under certain circumstances and provision that a contract not be awarded if the award would result in a cost to the awarding agency which exceeds a fair market price. Subsec. (g). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(d)], Pub. L. 99–661, § 921(d), amended subsec. (g) identically, striking out ‘‘having values of $10,000 or more’’ after ‘‘such agency’’ and inserting provision re- quiring the head of each Federal agency to make con- sistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency. Subsec. (j). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 922(c)], Pub. L. 99–661, § 922(c), amended subsec. (j) identically, substituting ‘‘$25,000’’ for ‘‘$10,000’’. Subsec. (k)(3). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 903(d)], Pub. L. 99–661, § 903(d), which directed identical amendments to par. (3) by inserting ‘‘, except that in the case of the Department of Defense the Di- rector of the Office of Small and Disadvantaged Busi- Page 995 TITLE 15—COMMERCE AND TRADE § 644 ness Utilization shall be responsible to, and report di- rectly to, the Under Secretary of Defense for Acquisi- tion’’ was executed by inserting that phrase imme- diately before the comma at the end as the probable in- tent of Congress. Subsec. (n). Pub. L. 99–272 added subsec. (n). Subsecs. (o), (p). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(c)(2), (e)], Pub. L. 99–661, § 921(c)(2), (e), amended section identically, adding subsecs. (o) and (p). 1984—Subsecs. (l), (m). Pub. L. 98–577 added subsec. (l) and redesignated former subsec. (l) as (m). 1980—Subsec. (c). Pub. L. 96–302, § 116, substituted pro- visions covering participation of not-for-profit organi- zations in certain authorized programs during fiscal years 1981, through 1983, the monitoring and evaluation of such participation as causing severe economic injury to for-profit small businesses and transmission of re- port to congressional committees not later than Jan. 1, 1982, respecting impact of contracts on the for-profit small businesses for provisions respecting eligibility during fiscal year 1978, of public and private organiza- tions and individuals to participate in the award of contracts and requiring transmission of a report by March 1, 1979. Subsec. (d). Pub. L. 96–302, § 117(a), substituted ‘‘small business concerns’’ for ‘‘concerns’’. Subsec. (e). Pub. L. 96–302, § 117(b), in revising text, struck out from introductory clause reference to labor surplus areas; reenacted par. (1) reversing order of ref- erence to small business concerns and location in labor surplus areas; reenacted par. (2); added par. (3); redesig- nated former par. (3) as (4); and struck out former par. (4) as to concerns located in labor surplus areas on basis of total set-aside, as covered in par. (1). Subsec. (f). Pub. L. 96–302, § 117(b), substituted provi- sion respecting other priorities in placement of con- tracts for requirement that subsecs. (d) and (e) of this section cease to be effective subsequent to Sept. 30, 1980, unless renewed prior to such date. 1978—Subsec. (f). Pub. L. 95–507, § 232, substituted ‘‘September 30, 1980’’ for ‘‘September 30, 1979’’. Subsecs. (g) to (k). Pub. L. 95–507, § 221, added subsecs. (g) to (k). Subsec. (l). Pub. L. 95–507, § 233, added subsec. (l). 1977—Pub. L. 95–89 designated existing provisions as subsec. (a) and added subsecs. (b) to (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title XVII, § 1703(b), Dec. 12, 2017, 131 Stat. 1806, provided that: ‘‘The Administrator of the Small Business Administration shall be required to report on the information required by clauses (i)(V), (ii)(VI), (iii)(VII), (iv)(VII), (v)(VI), (vi)(VI), (vii)(VI), and (viii)(IX) of section 15(h)(2)(E) of the Small Busi- ness Act (15 U.S.C. 644(h)(2)(E)) beginning on the date that such information is available in the Federal Pro- curement Data System, the System for Award Manage- ment, or any new or successor system.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of Title 10, Armed Forces. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by sections 4004 and 7106(a) of Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–37 applicable as if in- cluded in Pub. L. 100–656, see section 32 of Pub. L. 101–37, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 502 and 503 of Pub. L. 100–656 effective Oct. 1, 1989, and amendment by sections 601 and 603 of Pub. L. 100–656 effective Nov. 15, 1988, see sec- tion 803(a)(7), (b)(4)(C), of Pub. L. 100–656, as amended, set out as a note under section 631 of this title. Amendment by Pub. L. 100–496 applicable to pay- ments under contracts awarded, contracts renewed, and contract options exercised during or after the first fis- cal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100–496, set out as a note under section 3902 of Title 31, Money and Fi- nance. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title VIII, § 809(a)(1), Dec. 4, 1987, 101 Stat. 1130, provided that the amendment made by that section is in effect until Sept. 30, 1988. Pub. L. 100–180, div. A, title VIII, § 809(a)(2), Dec. 4, 1987, 101 Stat. 1130, as amended by Pub. L. 100–656, title VII, § 731, Nov. 15, 1988, 102 Stat. 3897, provided that the amendment made by that section is effective Oct. 1, 1989. Amendment by section 10(a)(1), (b)(1) of Pub. L. 100–26 applicable as if included in each instance of the Defense Acquisition Improvement Act (as specified in section 2 of Pub. L. 100–26) [title X of section 101(c) of Pub. L. 99–500 and Pub. L. 99–591, and title IX of div. A of Pub. L. 99–661] when each was enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986, respectively], see section 12(c) of Pub. L. 100–26, set out as a note under section 632 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title XVIII, § 18003(b), Apr. 7, 1986, 100 Stat. 364, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the ninetieth day after the date of the enactment of this Act [Apr. 7, 1986]. Amendment by section 101(c) [title X, § 921(a), (b)(1), (c)(2)–(e)] of Pub. L. 99–500 and Pub. L. 99–591, and sec- tion 921(a), (b)(1), (c)(2)–(e) of Pub. L. 99–661 effective Oct. 1, 1987, see section 101(c) of Pub. L. 99–500 and Pub. L. 99–591, and section 921(g) of Pub. L. 99–661, set out as a note under section 632 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–302 effective Oct. 1, 1980, see section 507 of Pub. L. 96–302, set out as a note under section 631 of this title. ELIMINATING SELF-CERTIFICATION FOR SERVICE- DISABLED VETERAN-OWNED SMALL BUSINESSES Pub. L. 118–31, div. A, title VIII, § 864, Dec. 22, 2023, 137 Stat. 347, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Small Business Ad- ministration. ‘‘(2) SMALL BUSINESS CONCERN; SMALL BUSINESS CON- CERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—The terms ‘small business concern’ and ‘small business concerns owned and controlled by service-disabled veterans’ have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). ‘‘(b) ELIMINATING SELF-CERTIFICATION IN PRIME CON- TRACTING AND SUBCONTRACTING FOR SDVOSBS.— ‘‘(1) IN GENERAL.—Each prime contract award and subcontract award that is counted for the purpose of Page 996 TITLE 15—COMMERCE AND TRADE § 644 meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agen- cies, as established in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into with small business concerns certified by the Ad- ministrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act (15 U.S.C. 657f). ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take ef- fect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations re- quired under subsection (d). ‘‘(c) PHASED APPROACH TO ELIMINATING SELF-CERTIFI- CATION FOR SDVOSBS.—Notwithstanding any other pro- vision of law, any small business concern that self-cer- tified as a small business concern owned and controlled by service-disabled veterans may— ‘‘(1) if the small business concern files a certifi- cation application with the Administrator before the end of the 1-year period beginning on the date of the enactment of this Act [Dec. 22, 2023], maintain such self-certification until the Administrator makes a de- termination with respect to such certification; and ‘‘(2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self- certification of the small business concern as a small business concern owned and controlled by service-dis- abled veterans. ‘‘(d) RULEMAKING.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall promulgate regulations to carry out this sec- tion.’’ COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED BUSINESS UTILIZATION Pub. L. 116–283, div. A, title VIII, § 870, Jan. 1, 2021, 134 Stat. 3788, provided that: ‘‘(a) REPORT.—If the Comptroller General of the United States has determined that a Director of Small and Disadvantaged Business Utilization of a Federal agency is not in compliance with the requirements of section 15(k) of the Small Business Act (15 U.S.C. 644(k)), such Director shall submit, not later than the specified date, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a re- port that includes the reasons for such noncompliance and the specific actions the Director shall take to rem- edy such noncompliance. ‘‘(b) SPECIFIED DATE DEFINED.—In this section, the term ‘specified date’ means the later of— ‘‘(1) the date that is 120 days after the date on which a determination is made under subsection (a); and ‘‘(2) 120 days after the date of the enactment of this Act [Jan. 1, 2021].’’ TRAINING TO BE UPDATED Pub. L. 114–328, div. A, title XVIII, § 1814(b), Dec. 23, 2016, 130 Stat. 2654, provided that: ‘‘After receipt of in- formation from the Administrator of the Small Busi- ness Administration pursuant to section 15(v) of the Small Business Act [15 U.S.C. 644(v)], the Defense Ac- quisition University (established under section 1746 of title 10, United States Code) and the Federal Acquisi- tion Institute (established under section 1201 of title 41, United States Code) shall periodically update the train- ing provided to the acquisition workforce to incor- porate such information.’’ SCORECARD PROGRAM FOR EVALUATING FEDERAL AGEN- CY COMPLIANCE WITH SMALL BUSINESS CONTRACTING GOALS Pub. L. 114–92, div. A, title VIII, § 868(b), Nov. 25, 2015, 129 Stat. 933, which authorized the Administrator of the Small Business Administration, in consultation with the Federal agencies, to develop a methodology for cal- culating a score to be used to evaluate the compliance of each Federal agency with meeting the goals estab- lished pursuant to subsec. (g)(1)(B) of this section based on each such goal and a scorecard based on such meth- odology, was transferred to the end of this section and redesignated as subsec. (y) by Pub. L. 117–263, div. A, title VIII, § 871(a), Dec. 23, 2022, 136 Stat. 2738. ADDITIONAL REQUIREMENTS FOR THE SMALL BUSINESS PREFERENCE PROGRAMS FOR PRIME AND SUB- CONTRACT FEDERAL PROCUREMENT GOALS AND ACHIEVEMENTS Pub. L. 112–239, div. A, title XVI, § 1631(c), Jan. 2, 2013, 126 Stat. 2072, provided that: ‘‘Not later than 180 days after the date of the enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Admin- istration shall review and revise the Goaling Guidelines for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements to the extent necessary to ensure that— ‘‘(1) agency subcontracting goals are established on the basis of realistically achievable improvements to levels of subcontracting rather than on the basis of an average of previous years’ subcontracting perform- ance; ‘‘(2) agency contracting and subcontracting goals are established in a manner that does not exclude categories of contracts on the basis of— ‘‘(A) the type of goods or services for which the agency contracts; ‘‘(B) in the case of contracts subject to competi- tive procedures under chapter 33 of title 41, United States Code— ‘‘(i) whether or not funding for the contracts is made directly available to the agency by an Ap- propriations Act or is made available by reim- bursement from another agency or account; or ‘‘(ii) whether or not the contract is subject to the Federal Acquisition Regulation; and ‘‘(3) whenever an agency contracting or subcon- tracting goal is established at a level lower than the Governmentwide goal for small business concerns or the relevant category of small business concerns, the Administration is required to document the basis for the decision to establish such lower goal.’’ ELECTRONIC PROCUREMENT CENTER REPRESENTATIVE Pub. L. 111–240, title I, § 1312(d), Sept. 27, 2010, 124 Stat. 2538, provided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Adminis- trator [of the Small Business Administration] shall im- plement a 3-year pilot electronic procurement center representative program. ‘‘(2) REPORT.—Not later than 30 days after the pilot program under paragraph (1) ends, the Comptroller General of the United States shall submit to the Com- mittee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the pilot program.’’ SMALL BUSINESS TEAMS PILOT PROGRAM Pub. L. 111–240, title I, § 1314, Sept. 27, 2010, 124 Stat. 2540, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Pilot Program’ means the Small Business Teaming Pilot Program established under subsection (b); and ‘‘(2) the term ‘eligible organization’ means a well- established national organization for small business concerns with the capacity to provide assistance to small business concerns (which may be provided with the assistance of the Administrator) relating to— ‘‘(A) customer relations and outreach; ‘‘(B) team relations and outreach; and ‘‘(C) performance measurement and quality assur- ance. Page 997 TITLE 15—COMMERCE AND TRADE § 644 ‘‘(b) ESTABLISHMENT.—The Administrator shall estab- lish a Small Business Teaming Pilot Program for teaming and joint ventures involving small business concerns. ‘‘(c) GRANTS.—Under the Pilot Program, the Adminis- trator may make grants to eligible organizations to provide assistance and guidance to teams of small busi- ness concerns seeking to compete for larger procure- ment contracts. ‘‘(d) CONTRACTING OPPORTUNITIES.—The Adminis- trator shall work with eligible organizations receiving a grant under the Pilot Program to recommend appro- priate contracting opportunities for teams or joint ven- tures of small business concerns. ‘‘(e) REPORT.—Not later than 1 year before the date on which the authority to carry out the Pilot Program terminates under subsection (f), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a re- port on the effectiveness of the Pilot Program. ‘‘(f) TERMINATION.—The authority to carry out the Pilot Program shall terminate 5 years after the date of enactment of this Act [Sept. 27, 2010]. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for grants under sub- section (c) $5,000,000 for each of fiscal years 2010 through 2015.’’ [For definitions of ‘‘Administrator’’ and ‘‘small busi- ness concern’’ as used in section 1314 of Pub. L. 111–240, set out above, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title.] MANUFACTURING CONTRACTS THROUGH MANUFACTURING APPLICATION AND EDUCATION CENTERS Pub. L. 103–403, title III, § 303, Oct. 22, 1994, 108 Stat. 4188, authorized the Small Business Administration to promote the award of Federal manufacturing contracts to small business concerns that participate in manufac- turing application and education centers by working with the Department of Commerce and other agencies to identify components and subsystems that are both critical and currently foreign-sourced, such authority to terminate on Sept. 30, 1997. PILOT PROGRAM FOR VERY SMALL BUSINESS CONCERNS Pub. L. 103–403, title III, § 304, Oct. 22, 1994, 108 Stat. 4188, as amended by Pub. L. 105–135, title V, § 508, Dec. 2, 1997, 111 Stat. 2627; Pub. L. 106–554, § 1(a)(9) [title V, § 503(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695, required the Administrator of the Small Business Administra- tion to establish and carry out a pilot program related to improved access to Federal contract opportunities for very small business concerns beginning not later than Aug. 30, 1995, and expiring on Sept. 30, 2003. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION MATTERS Pub. L. 103–355, title II, § 2353, Oct. 13, 1994, 108 Stat. 3323, provided that: ‘‘(a) REGULATIONS REQUIRED.—(1) The Federal Acqui- sition Regulation shall include provisions that require a contracting officer— ‘‘(A) to make every reasonable effort to respond in writing within 30 days to any written request made to a contracting officer with respect to a matter relat- ing to the administration of a contract that is re- ceived from a small business concern; and ‘‘(B) in the event that the contracting officer is un- able to reply within the 30-day period, to transmit to the contractor within such period a written notifica- tion of a specific date by which the contracting offi- cer expects to respond. ‘‘(2) The provisions shall not apply to a request for a contracting officer’s decision under the Contract Dis- putes Act of 1978 ([former] 41 U.S.C. 601 et seq.) [see 41 U.S.C. 7101 et seq.]. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall be considered as creating any rights under the Contract Disputes Act of 1978 ([former] 41 U.S.C. 601 et seq.) [see 41 U.S.C. 7101 et seq.]. ‘‘(c) DEFINITION.—In this section, the term ‘small business concern’ means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant to that section.’’ CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESSES Pub. L. 103–355, title VII, § 7102, Oct. 13, 1994, 108 Stat. 3367, as amended by Pub. L. 106–554, § 1(a)(9) [title V, § 503(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695, provided that: ‘‘(a) PROCUREMENT PROCEDURES AUTHORIZED.—(1) To facilitate the attainment of a goal for the participation of small business concerns owned and controlled by so- cially and economically disadvantaged individuals that is established for a Federal agency pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)), the head of the agency may enter into contracts using— ‘‘(A) less than full and open competition by re- stricting the competition for such awards to small business concerns owned and controlled by socially and economically disadvantaged individuals de- scribed in subsection (d)(3)(C) of section 8 of the Small Business Act (15 U.S.C. 637); and ‘‘(B) a price evaluation preference not in excess of 10 percent when evaluating an offer received from such a small business concern as the result of an un- restricted solicitation. ‘‘(2) Paragraph (1) does not apply to the Department of Defense, the Coast Guard, and the National Aero- nautics and Space Administration. ‘‘(b) IMPLEMENTATION THROUGH THE FEDERAL ACQUISI- TION REGULATION.— ‘‘(1) IN GENERAL.—The Federal Acquisition Regula- tion shall be revised to provide for uniform imple- mentation of the authority provided in subsection (a). ‘‘(2) MATTERS TO BE ADDRESSED.—The revisions of the Federal Acquisition Regulation made pursuant to paragraph (1) shall include— ‘‘(A) conditions for the use of advance payments; ‘‘(B) provisions for contract payment terms that provide for— ‘‘(i) accelerated payment for work performed during the period for contract performance; and ‘‘(ii) full payment for work performed; ‘‘(C) guidance on how contracting officers may use, in solicitations for various classes of products or services, a price evaluation preference pursuant to subsection (a)(1)(B), to provide a reasonable ad- vantage to small business concerns owned and con- trolled by socially and economically disadvantaged individuals without effectively eliminating any participation of other small business concerns; and ‘‘(D)(i) procedures for a person to request the head of a Federal agency to determine whether the use of competitions restricted to small business concerns owned and controlled by socially and eco- nomically disadvantaged individuals at a con- tracting activity of such agency has caused a par- ticular industry category to bear a dispropor- tionate share of the contracts awarded to attain the goal established for that contracting activity; and ‘‘(ii) guidance for limiting the use of such re- stricted competitions in the case of any contracting activity and class of contracts determined in ac- cordance with such procedures to have caused a particular industry category to bear a dispropor- tionate share of the contracts awarded to attain the goal established for that contracting activity. ‘‘(c) TERMINATION.—This section shall cease to be ef- fective at the end of September 30, 2003.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- Page 998 TITLE 15—COMMERCE AND TRADE § 644 ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL Pub. L. 103–355, title VII, § 7104, Oct. 13, 1994, 108 Stat. 3369, formerly set out as a note under this section, was transferred to section 644a of this title. PROCUREMENT PROCEDURES UNDER SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM ACT OF 1988 Pub. L. 102–366, title II, § 202(h), Sept. 4, 1992, 106 Stat. 996, provided for procurement procedures under the Small Business Competitiveness Demonstration Pro- gram Act of 1988 prior to implementation of improve- ments to the collection of data regarding prime con- tract awards and of a system for collecting such data. MODIFICATIONS OF TEST PLAN AND POLICY DIRECTION UNDER SMALL BUSINESS COMPETITIVENESS DEM- ONSTRATION PROGRAM ACT OF 1988 Pub. L. 102–366, title II, § 202(i), Sept. 4, 1992, 106 Stat. 996, required the Administrator for Federal Procure- ment Policy to issue certain modifications to the test plan and policy direction under the Small Business Competitiveness Demonstration Program Act of 1988. CONTRACT BUNDLING STUDY Pub. L. 102–366, title III, § 321, Sept. 4, 1992, 106 Stat. 1006, provided that the Administrator of the Small Business Administration was to conduct a study re- garding the impact of the practice known as ‘‘contract bundling’’ on the participation of small business con- cerns in the Federal procurement process and, not later than May 15, 1993, to submit a report on the results of the study to the Committees on Small Business of the Senate and the House of Representatives. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM Pub. L. 100–656, title VII, §§ 701–722, Nov. 15, 1988, 102 Stat. 3889–3895, as amended by Pub. L. 101–37, §§ 23–29, June 15, 1989, 103 Stat. 75, 76; Pub. L. 101–574, title II, § 243, Nov. 15, 1990, 104 Stat. 2827; Pub. L. 102–54, § 13(e), June 13, 1991, 105 Stat. 275; Pub. L. 102–366, title II, §§ 201–202(g), 203, Sept. 4, 1992, 106 Stat. 993–996; Pub. L. 102–484, div. A, title VIII, § 801(h)(9), Oct. 23, 1992, 106 Stat. 2446; Pub. L. 102–564, title III, § 307(a), Oct. 28, 1992, 106 Stat. 4263; Pub. L. 103–160, div. A, title VIII, § 850(2), Nov. 30, 1993, 107 Stat. 1726; Pub. L. 103–446, title XII, § 1202(a)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104–208, div. D, title I, § 108(a)–(c)(1), Sept. 30, 1996, 110 Stat. 3009–732, 3009–733; Pub. L. 105–18, title II, § 2002, June 12, 1997, 111 Stat. 174; Pub. L. 105–135, title IV, §§ 401–405, Dec. 2, 1997, 111 Stat. 2616; Pub. L. 108–375, div. A, title VIII, § 821, Oct. 28, 2004, 118 Stat. 2016, known as the Small Business Competitiveness Demonstration Pro- gram Act of 1988, established a Small Business Com- petitiveness Demonstration Program, prior to repeal by Pub. L. 111–240, title I, § 1335(a), Sept. 27, 2010, 124 Stat. 2543. [Pub. L. 111–240, title I, § 1335(b), Sept. 27, 2010, 124 Stat. 2543, provided that: ‘‘The amendment made by this section [repealing sections 701–722 of Pub. L. 100–656, formerly set out above, and section 741 of Pub. L. 100–656, formerly set out below]— [‘‘(1) shall take effect on the date of enactment of this Act [Sept. 27, 2010]; and [‘‘(2) apply to the first full fiscal year after the date of enactment of this Act.’’] SEGMENTATION OF INDUSTRY CATEGORY OF SHIPBUILDING AND SHIP REPAIR Pub. L. 100–656, title VII, § 741, Nov. 15, 1988, 102 Stat. 3897, authorized the Small Business Administration to segment the industry category of shipbuilding and ship repair, prior to repeal by Pub. L. 111–240, title I, § 1335(a), Sept. 27, 2010, 124 Stat. 2543. PROGRAMS FOR BLIND AND HANDICAPPED INDIVIDUALS; REPORT ON IMPACT ON SMALL BUSINESS CONCERNS Pub. L. 100–590, title I, § 133(b), Nov. 3, 1988, 102 Stat. 3006, provided that not later than Sept. 30, 1992, the General Accounting Office was to prepare a report de- scribing the impact that contracts awarded under sub- sec. (c) of this section had on for-profit small business concerns for fiscal years 1989 through 1991, and trans- mit the report to the Committees on Small Business of the Senate and the House of Representatives. TASK FORCE ON PURCHASES FROM BLIND AND SE- VERELY HANDICAPPED INDIVIDUALS; ESTABLISHMENT; MEETINGS; RECOMMENDATIONS Pub. L. 100–590, title I, § 133(c), Nov. 3, 1988, 102 Stat. 3006, provided that: ‘‘There is established within the Small Business Administration a task force on pur- chases from the blind and severely handicapped which shall consist of one representative of the small business community appointed by the Administrator of the Small Business Administration and one individual knowledgeable in the affiars [sic] of or experienced in the work of sheltered workshops appointed by the Ex- ecutive Director of the Committee for Purchase from the Blind and Other Severely Handicapped established under the first section of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Prod- ucts, and for other purposes’, approved June 25, 1938 ([former] 41 U.S.C. 46) [now 41 U.S.C. 8502]. The task force shall meet at least once every six months for the purpose of reviewing the award of contracts under sec- tion 15(c) of the Small Business Act [15 U.S.C. 644(c)] and recommending to the Small Business Administra- tion such administrative or statutory changes as it deems appropriate.’’ STANDARDS FOR MEASURING COST SAVINGS FROM BREAKOUT PROCUREMENT CENTER REPRESENTATIVES Pub. L. 98–577, title IV, § 403(b), Oct. 30, 1984, 98 Stat. 3082, provided that: ‘‘(1) The Administrator of the Small Business Admin- istration and the Comptroller General of the United States shall jointly establish standards for measuring cost savings achieved through the efforts of breakout procurement center representatives and for measuring the extent to which competition has been increased as a result of such efforts. Thereafter, the Administrator shall annually prepare and submit to the Congress a re- port setting forth— ‘‘(A) the cost savings achieved during the year cov- ered by such report through the efforts of breakout procurement center representatives; ‘‘(B) an evaluation of the extent to which competi- tion has been increased as a result of such efforts; and ‘‘(C) such other information as the Administrator may deem appropriate. ‘‘(2) Within 180 days following the submission of the second annual report to Congress by the Administrator, the Comptroller General shall report to the Congress an evaluation of the Administration’s adherence to the standards jointly established and the accuracy of the information the Administration has submitted to the Congress.’’ Executive Documents EX. ORD. NO. 13157. INCREASING OPPORTUNITIES FOR WOMEN-OWNED SMALL BUSINESSES Ex. Ord. No. 13157, May 23, 2000, 65 F.R. 34035, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Small Business Act, 15 U.S.C. 631, et seq., section 7106 of the Federal Acquisition Page 999 TITLE 15—COMMERCE AND TRADE § 644 Streamlining Act of 1994 (Public Law 103–355) [amend- ing 15 U.S.C. 632, 637, 644, 645], and the Office of Federal Procurement Policy [Act], [former] 41 U.S.C. 403, et seq., and in order to strengthen the executive branch’s com- mitment to increased opportunities for women-owned small businesses, it is hereby ordered as follows: SECTION 1. Executive Branch Policy. In order to reaf- firm and strengthen the statutory policy contained in the Small Business Act, 15 U.S.C. 644(g)(1), it shall be the policy of the executive branch to take the steps necessary to meet or exceed the 5 percent Government- wide goal for participation in procurement by women- owned small businesses (WOSBs). Further, the execu- tive branch shall implement this policy by establishing a participation goal for WOSBs of not less than 5 per- cent of the total value of all prime contract awards for each fiscal year and of not less than 5 percent of the total value of all subcontract awards for each fiscal year. SEC. 2. Responsibilities of Federal Departments and Agencies. Each department and agency (hereafter re- ferred to collectively as ‘‘agency’’) that has procure- ment authority shall develop a long-term comprehen- sive strategy to expand opportunities for WOSBs. Where feasible and consistent with the effective and ef- ficient performance of its mission, each agency shall establish a goal of achieving a participation rate for WOSBs of not less than 5 percent of the total value of all prime contract awards for each fiscal year and of not less than 5 percent of the total value of all sub- contract awards for each fiscal year. The agency’s plans shall include, where appropriate, methods and programs as set forth in section 4 of this order. SEC. 3. Responsibilities of the Small Business Administra- tion. The Small Business Administration (SBA) shall establish an Assistant Administrator for Women’s Pro- curement within the SBA’s Office of Government Con- tracting. This officer shall be responsible for: (a) working with each agency to develop and imple- ment policies to achieve the participation goals for WOSBs for the executive branch and individual agen- cies; (b) advising agencies on how to implement strate- gies that will increase the participation of WOSBs in Federal procurement; (c) evaluating, on a semiannual basis, using the Federal Procurement Data System (FPDS), the achievement of prime and subcontract goals and ac- tual prime and subcontract awards to WOSBs for each agency; (d) preparing a report, which shall be submitted by the Administrator of the SBA to the President, through the Interagency Committee on Women’s Business Enterprise and the Office of Federal Pro- curement Policy (OFPP), on findings based on the FPDS, regarding prime contracts and subcontracts awarded to WOSBs; (e) making recommendations and working with Federal agencies to expand participation rates for WOSBs, with a particular emphasis on agencies in which the participation rate for these businesses is less than 5 percent; (f) providing a program of training and develop- ment seminars and conferences to instruct women on how to participate in the SBA’s 8(a) [15 U.S.C. 637(a)] program, the Small Disadvantaged Business (SDB) program, the HUBZone program, and other small business contracting programs for which they may be eligible; (g) developing and implementing a single uniform Federal Government-wide website, which provides links to other websites within the Federal system concerning acquisition, small businesses, and women- owned businesses, and which provides current pro- curement information for WOSBs and other small businesses; (h) developing an interactive electronic commerce database that allows small businesses to register their businesses and capabilities as potential contrac- tors for Federal agencies, and enables contracting of- ficers to identify and locate potential contractors; and (i) working with existing women-owned business or- ganizations, State and local governments, and others in order to promote the sharing of information and the development of more uniform State and local standards for WOSBs that reduce the burden on these firms in competing for procurement opportunities. SEC. 4. Other Responsibilities of Federal Agencies. To the extent permitted by law, each Federal agency shall work with the SBA to ensure maximum participation of WOSBs in the procurement process by taking the fol- lowing steps: (a) designating a senior acquisition official who will work with the SBA to identify and promote con- tracting opportunities for WOSBs; (b) requiring contracting officers, to the maximum extent practicable, to include WOSBs in competitive acquisitions; (c) prescribing procedures to ensure that acquisi- tion planners, to the maximum extent practicable, structure acquisitions to facilitate competition by and among small businesses, HUBZone small busi- nesses, SDBs, and WOSBs, and providing guidance on structuring acquisitions, including, but not limited to, those expected to result in multiple award con- tracts, in order to facilitate competition by and among these groups; (d) implementing mentor-protege programs, which include women-owned small business firms; and (e) offering industry-wide as well as industry-spe- cific outreach, training, and technical assistance pro- grams for WOSBs including, where appropriate, the use of Government acquisitions forecasts, in order to assist WOSBs in developing their products, skills, business planning practices, and marketing tech- niques. SEC. 5. Subcontracting Plans. The head of each Federal agency, or designated representative, shall work close- ly with the SBA, OFPP, and others to develop proce- dures to increase compliance by prime contractors with subcontracting plans proposed under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) or section 834 of Public Law 101–189, as amended (15 U.S.C. 637 note), in- cluding subcontracting plans involving WOSBs. SEC. 6. Action Plans. If a Federal agency fails to meet its annual goals in expanding contract opportunities for WOSBs, it shall work with the SBA to develop an action plan to increase the likelihood that participa- tion goals will be met or exceeded in future years. SEC. 7. Compliance. Independent agencies are re- quested to comply with the provisions of this order. SEC. 8. Consultation and Advice. In developing the long-term comprehensive strategies required by section 2 of this order, Federal agencies shall consult with, and seek information and advice from, State and local gov- ernments, WOSBs, other private-sector partners, and other experts. SEC. 9. Judicial Review. This order is for internal man- agement purposes for the Federal Government. It does not create any right or benefit, substantive or proce- dural, enforceable at law or equity by a party against the United States, its agencies, its officers, its employ- ees, or any other person. WILLIAM J. CLINTON. EX. ORD. NO. 13170. INCREASING OPPORTUNITIES AND ACCESS FOR DISADVANTAGED BUSINESSES Ex. Ord. No. 13170, Oct. 6, 2000, 65 F.R. 60827, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Small Business Act (15 U.S.C. 631 et seq.), section 7102 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 15 U.S.C. 644 note), the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403 et seq.), Executive Order 11625 [15 U.S.C. 631 note], and to provide for increased access for disadvantaged businesses to Federal contracting oppor- tunities, it is hereby ordered as follows: Page 1000 TITLE 15—COMMERCE AND TRADE § 644 SECTION 1. Policy. It is the policy of the executive branch to ensure nondiscrimination in Federal procure- ment opportunities for businesses in the Small Dis- advantaged Business Program (SDBs), businesses in the section 8(a) Business Development program of the Small Business Administration (8(a)s), and Minority Business Enterprises (MBEs) as defined in section 6 of Executive Order 11625, of October 13, 1971, and to take affirmative action to ensure inclusion of these busi- nesses in Federal contracting. These businesses are of vital importance to job growth and the economic strength of the United States but have faced historic exclusion and underutilization in Federal procurement. All agencies within the executive branch with procure- ment authority are required to take all necessary steps, as permitted by law, to increase contracting be- tween the Federal Government and SDBs, 8(a)s, and MBEs. SEC. 2. Responsibilities of Executive Departments and Agencies with Procurement Authority. The head of each executive department and agency shall carry out the terms of this order and shall designate, where appro- priate, his or her Deputy Secretary or equivalent to im- plement the terms of this order. (a) Each department and agency with procurement authority shall: (i) aggressively seek to ensure that 8(a)s, SDBs, and MBEs are aware of future prime contracting opportu- nities through wide dissemination of contract an- nouncements, including sources likely to reach 8(a)s, SDBs, other small businesses, and MBEs. Each de- partment and agency shall use all available forms of communication to implement this provision, includ- ing the Internet, speciality press, and trade press; (ii) work with the Small Business Administration (SBA) to ensure that information regarding sole source contracts awarded through the section 8(a) program receives the widest dissemination possible to 8(a)s; (iii) ensure that the price evaluation preference programs authorized by the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Tables for classification] are used to the maximum extent permitted by law in areas of economic activity in which SDBs have historically been underused; (iv) aggressively use the firms in the section 8(a) program, particularly in the developmental stage of the program, so that these firms have an opportunity to overcome artificial barriers to Federal contracting and gain access to the Federal procurement arena; (v) ensure that department and agency heads take all reasonable steps so that prime contractors meet or exceed Federal subcontracting goals, and enforce subcontracting commitments as required by the Small Business Act (15 U.S.C. 637(d)) and other re- lated laws. In particular, they shall ensure that prime contractors actively solicit bids for subcon- tracting opportunities from 8(a)s and SDBs, and ful- fill their SDB and section 8(d) subcontracting obliga- tions. Enforcement of SDB subcontracting plan com- mitments shall include assessments of liquidated damages, where appropriate, pursuant to applicable contract clauses; (vi) encourage the establishment of business-to- business mentoring and teaming relationships, in- cluding the implementation of Mentor-Protege pro- grams, to foster the development of the technical and managerial capabilities of 8(a)s and SDBs and to fa- cilitate long-term business relationships; (vii) offer information, training, and technical as- sistance programs for 8(a)s and SDBs including, where appropriate, Government acquisition forecasts in order to assist 8(a)s and SDBs in developing their products, skills, business planning practices, and marketing techniques; (viii) train program and procurement officials re- garding the policy of including 8(a)s and SDBs in Fed- eral procurement. This includes prescribing proce- dures to ensure that acquisition planners, to the maximum extent practicable, structure acquisitions to facilitate competition by SDBs and 8(a)s, including their participation in the competition of multiple award requirements; (ix) provide the information required by the Depart- ment of Commerce when it requests data to develop the benchmarks used in the price evaluation pref- erence programs authorized by the Federal Acquisi- tion Streamlining Act of 1994; (x) ensure that Directors of Offices of Small and Disadvantaged Business Utilization carry out their responsibilities to maximize the participation of 8(a)s and SDBs in Federal procurement and, in particular, ensure that the Directors report directly to the head of each department or agency as required by law; and (xi) as required by law, establish with the Small Business Administration small business goals to en- sure that the government-wide goal for participation of small business concerns is not less than 23 percent of Federal prime contracts. Where feasible and con- sistent with the effective and efficient performance of its mission, each agency shall establish a goal of achieving a participation rate for SDBs of not less than 5 percent of the total value of prime contract awards for each fiscal year and of not less than 5 per- cent of the total value of subcontract awards for each year. Each agency shall also establish a goal for awards made to 8(a) firms pursuant to section 8(a) of the Small Business Act [15 U.S.C. 637(a)]. These goals shall be considered the minimum goals and every ef- fort shall be taken to exceed these goals wherever feasible. (b) Each department and agency with procurement authority shall: (i) develop a long-term comprehensive plan to im- plement the requirements of section 2(a) of this order and submit this plan to the Director of the Office of Management and Budget (OMB) within 90 days of the date of this order. The Director of OMB shall review each plan and report to the President on the suffi- ciency of each plan to carry out the terms of this order; and (ii) annually, by April 30 each year, assess its ef- forts and the results of those efforts to increase utili- zation of 8(a)s, SDBs, and MBEs as both prime con- tractors and subcontractors and report on those ef- forts to the President through the Director of OMB, who shall review the evaluations made of the agency assessments by the Small Business Administration. SEC. 3. Responsibilities of the Small Business Administra- tion. The Administrator of the SBA shall: (a) evaluate on a semi-annual basis, using the Federal Procurement Data System (FPDS), the achievement of government-wide prime and subcontract goals and the actual prime and subcontract awards to 8(a)s and SDBs for each department and agency. The OMB shall review SBA’s evaluation; (b) ensure that Procurement Center Representatives receive adequate training regarding the section 8(a) and SDB programs and that they consistently and ag- gressively seek opportunities for maximizing the use of 8(a)s and SDBs in department and agency procure- ments; and (c) ensure that each department and agency’s small and disadvantaged business procurement goals as well as the amount of procurement of each department and agency with 8(a)s, SDBs, and MBEs is publicly avail- able in an easily accessible and understandable format such as through publication on the Internet. SEC. 4. Federal Advertising. Each department or agen- cy that contracts with businesses to develop adver- tising for the department or agency or to broadcast Federal advertising shall take an aggressive role in en- suring substantial minority-owned entities’ participa- tion, including 8(a), SDB, and MBE, in Federal adver- tising-related procurements. Each department and agency shall ensure that all creation, placement, and transmission of Federal advertising is fully reflective of the Nation’s diversity. To achieve this diversity, spe- cial attention shall be given to ensure placement in publications and television and radio stations that Page 1001 TITLE 15—COMMERCE AND TRADE § 644a reach specific ethnic and racial audiences. Each depart- ment and agency shall ensure that payment for Federal advertising is commensurate with fair market rates in the relevant market. Each department and agency shall structure advertising contracts as commercial ac- quisitions consistent with part 12 of the Federal Acqui- sition Regulation processes and paperwork to enhance participation by 8(a)s, SDBs, and MBEs. SEC. 5. Information Technology. Each department and agency shall aggressively seek to ensure substantial 8(a), SDB, and MBE participation in procurements for and related to information technology, including pro- curements in the telecommunications industry. In so doing, the Chief Information Officer in each depart- ment and agency shall coordinate with procurement of- ficials to implement this section. SEC. 6. General Services Administration Schedules. The SBA and the General Services Administration (GSA) shall act promptly to expand inclusion of 8(a)s and SDBs on GSA Schedules, and provide greater opportu- nities for 8(a) and SDB participation in orders under such schedules. The GSA should ensure that procure- ment and program officials at all levels that use GSA Schedules aggressively seek to utilize the Schedule contracts of 8(a)s and SDBs. The GSA shall allow agen- cies ordering from designated 8(a) firms under the Mul- tiple Award Schedule to count those orders toward their 8(a) procurement goals. SEC. 7. Bundling Contracts. To the extent permitted by law, departments and agencies must submit to the SBA for review any contracts that are proposed to be bun- dled. The determination of the SBA with regard to the appropriateness of bundling in each instance must be carefully reviewed by the department or agency head, or his or her designee, and must be given due consider- ation. If there is an unresolvable conflict, then the SBA or the department or agency can seek assistance from the OMB. SEC. 8. Awards Program. The Secretary of Commerce and the Administrator of the SBA shall jointly under- take a feasibility study to determine the appropriate- ness of an awards program for executive departments and agencies who best exemplify the letter and intent of this order in increasing opportunities for 8(a)s, SDBs, and MBEs in Federal procurement. Such study shall be presented to the President within 90 days of the date of this order. SEC. 9. Applicability. Independent agencies are re- quested to comply with the provisions of this order. SEC. 10. Administration, Enforcement, and Judicial Re- view. (a) This order shall be carried out to the extent per- mitted by law and consistent with the Administration’s priorities and appropriations. (b) This order is not intended and should not be con- strued to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employ- ees. WILLIAM J. CLINTON. DELEGATION OF AUTHORITY TO ESTABLISH ANNUAL GOALS FOR PARTICIPATION OF SMALL BUSINESS CON- CERNS IN PROCUREMENT CONTRACTS Memorandum of the President of the United States, June 6, 1990, 55 F.R. 27453–27455, provided: Memorandum for the Director of the Office of Man- agement and Budget By the authority vested in me as President by the Constitution and laws of the United States, including section 15(g) of the Small Business Act, as amended [subsec. (g) of this section], and section 301 of Title 3 of the United States Code, I hereby delegate to the Direc- tor of the Office of Management and Budget the author- ity vested in the President to establish the annual goals required by Section 502 of the Business Oppor- tunity Development Reform Act of 1988 (P.L. 100–656) [amending this section]. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE BUSH. CONTINUED COMMITMENT TO SMALL, SMALL DISADVAN- TAGED, AND SMALL WOMEN-OWNED BUSINESSES IN FED- ERAL PROCUREMENT Memorandum of President of the United States, Oct. 13, 1994, 59 F.R. 52397, provided: Memorandum for the Heads of Executive Depart- ments and Agencies [and] the President’s Management Council It is the policy of the Federal Government that a fair proportion of its contracts be placed with small, small disadvantaged, and small women-owned businesses. Such businesses should also have the maximum prac- ticable opportunity to participate as subcontractors in contracts awarded by the Federal Government con- sistent with efficient contract performance. I am com- mitted to the continuation of this policy. Therefore, I ask that you encourage the use of various tools, includ- ing set-asides, price preferences, and section 8(a) of the Small Business Act (15 U.S.C. 637(a)), as necessary to achieve this policy objective. The Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts] author- izes civilian agencies to utilize set-aside procurements for small disadvantaged businesses. The Act also, for the first time, establishes goals for contracting with small women-owned businesses. These provisions, along with others in the Act, will provide greater access to Federal Government business opportunities for small, small disadvantaged, and small women-owned busi- nesses. Department and agency heads should ensure that efforts to streamline acquisition procedures en- courage the participation of these businesses in Federal procurements. This memorandum shall be published in the Federal Register. WILLIAM J. CLINTON. § 644a. Small Business Procurement Advisory Council (a) Establishment There is hereby established an interagency council to be known as the ‘‘Small Business Pro- curement Advisory Council’’ (hereinafter in this section referred to as the ‘‘Council’’). (b) Duties The duties of the Council are— (1) to develop positions on proposed procure- ment regulations affecting the small business community; (2) to submit comments reflecting such posi- tions to appropriate regulatory authorities; (3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization estab- lished under section 644(k) of this title to de- termine the compliance of each Office with re- quirements under such section; (4) to identify best practices for maximizing small business utilization in Federal con- tracting that may be implemented by Federal agencies having procurement powers; and (5) to submit, annually, to the Committee on Small Business of the House of Representa- tives and the Committee on Small Business and Entrepreneurship of the Senate a report describing— (A) the comments submitted under para- graph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the com- ments; (B) the results of reviews conducted under paragraph (3) during such 1-year period; and